Bradley Martin

Call: 1990

Expertise

Clinical Negligence
Personal Injury
Product Liability
Professional Regulation
Property Damage

Appointments

Research Assistant to the Federal/Provincial/Territorial Review on Liability and Compensation Issues in Health Care 1987/1988 at the University of Toronto (research area: medical malpractice litigation in England).

Tutor in Tort at the Faculty of Law, University of Leicester 1989/1990.

Practice Profile

Formerly a researcher of medical law at the University of Toronto and a tutor of tort law at Leicester University, Bradley specialises in clinical negligence and is described as “an effective opponent who punches well above his weight” (Chambers UK 2009) and as a strong junior in Legal 500 (2008). He is active in professional regulation, having appeared before the professional conduct committees of the GMC, GDC, CIPFA and ICAEW. He has significant experience of product liability claims, including group litigation. His practice also includes personal injury and property damage claims. Notable cases: Wentworth v Wiltshire County Council (1993), Myodil litigation for Glaxo, Dunthorne v Bentley (1996), Lariam cases for GPs, Barry v NHSLA (QB London 9/5/02), The Royal Victoria Infirmary & Associated Hospitals NHS Trust v B (A Child) [2002] Lloyd's Med LR 282 (CA), Reynolds v North Tyneside Health Authority [2002] Lloyd's Med LR 459, P v T [2004] EWHC 1392 (QB Holland J), Redbridge, Lambeth and other Local Authority finance disciplinary cases for CIPFA, NHS finance disciplinary cases for CIPFA, Hydrogel breast implant claims for PIP (2007). Bradley is a member of the LCLCBA, PNBA, PIBA and ARDL. He resides in Hove.

 

Clinical Negligence

• Acting for and against doctors, surgeons, nurses, midwives and dentists.
• Regularly instructed on behalf of the NHSLA.
• Particularly experienced in dealing with the breach of duty, causation and quantum issues that recur in cerebral palsy claims.
• Background academic and research experience in the field of medical law.

(1)    Obstetrics and Gynaecology

• Retained in cases of failed sterilisation (including failed vasectomy and a case of double failure of laparoscopic sterilisation), failed abortion, injuries at birth to the mother and child (including cases of cord prolapse, chronic partial hypoxia, acute profound hypoxia), failures in post-natal care and neonatal death.
• Retained in cases of shoulder dystocia/Erb’s palsy.
• Junior counsel in Ruff v Newcastle Royal Infirmary (2001) (life expectancy – multipliers in cerebral palsy cases).
• Junior counsel in Reynolds v Newcastle & North Tyneside Health Authority (2002) (failure to do vaginal examination – whether caused or materially contributed to cerebral palsy due to cord prolapse).
• Junior counsel in Barry v NHSLA (2002) (standard of care required of ambulance men attending cord prolapse occurring at home).
• P vT (2004) (misdiagnosis of severe abnormality on pre-natal ultrasound).

(2)    Orthopaedics

• Retained in cases of failed osteotomy, failed hip replacement, failed leg-lengthening, mis-diagnosed and non-diagnosed fractures.
• Retained in cases concerning failures of advice about risks of nerve damage in hand and elbow surgery.
• Claim concerning the technical adequacy of spinal decompression surgery, and related issues about informed consent to such surgery.

(3)    Oncology

• Retained in cases of delay in detecting breast cancer and lymphatic cancer, alleged wrong management of prostate cancer and misdiagnosis of cancer of the stomach.

(4)    General Practice

• Retained in cases of missed appendicitis, missed thrombosis, missed infection and in other cases of delayed referral for specialist treatment.

(5)     Dental Surgery

• Retained in cases of inappropriate crowning and extraction, poor bridgework and carelessly performed root canal treatment.

(6)    Mental Health

• Retained in cases breach of duty by mental health professionals managing patients both in the community and in the hospital, in particular cases where the duty broken was to protect the patient from harming himself.  For example, a case where a schizophrenic suffered paraplegia and later died due to alleged mismanagement of his medication and a case of suicide which it is alleged should have been prevented.

 

(7)    Miscellaneous

• Failed circumcision on an adult.
• Paramedic negligence (performance of emergency intubation).
• Negligent diagnosis of Addison’s disease (inappropriate use of steroids).

 

 

Personal Injury

• Expert at acting for and against claimants over the whole range of personal injury and fatal accidents litigation, including cases of serious injury, psychiatric damage, industrial diseases (including WRULD) and injury to children.
• Particular expertise in drafting complicated schedules and counter-schedules of damages in brain damage/reduced life expectancy claims.
• Wide experience of proceedings at inquests.
• Dunthorne v Bentley (1994) (interpretation of road traffic policy) and O’Mahony v Joliffe (1999) (interpretation of MIB agreement).

 

 

Product Liability

• Junior counsel for Glaxo in the Myodil litigation (1995).
• Retained on behalf of prescribing doctors in several cases concerning the anti-malarial drug Lariam.
• Counsel for PIP in the Hydrogel breast implant claims (2007).
• Experience of other product liability cases including failure of cranes, a child safety bottle, a child’s toy plane, a water slide and parts of vehicles generally.

 

Professional Regulation

Instructed to appear before the Professional Conduct Committee of the General Medical Council in a variety of disciplinary cases against medical practitioners, including:

• Propriety of laser spinal surgery.
• Agreement to facilitate illegal kidney transplant surgery.
• GPs – failures to attend, examine and properly prescribe.
• Breach of the duty of confidentiality.
• Conviction cases.
• Applications for reinstatement of medical registration.

Instructed to appear before the Professional Conduct Committee of the Chartered Institute of Public Finance Accountants in cases of misconduct against public sector accountants, including:

• Mismanagement of multi-million pound local authority capital development project in Wales.
• Mismanagement of pensions in the London Borough of Redbridge.
• Improper use of local authority funds for political purposes.
• Disciplinary proceedings arising out of the multi-million pound deficits in London Borough of Lambeth, North East Lincolnshire Council, and Royal Wolverhampton NHS Trust.

 

Property Damage

• Specialist in cases of damage to underground apparatus, instructed by British Telecommunications plc.
• Junior counsel in Wentworth v Wiltshire (1993) (highways - economic loss),

Additional Information

Awards

• University of Toronto: Open Fellowship 1987/1988; Faculty of Law Abel Memorial Award 1989.
• Lincoln’s Inn: Hardwick Entrance Scholarship 1989; Megarry Scholarship 1990.