3PB’s Hamish Dunlop in landmark NHS mediation against Portsmouth Hospitals NHS Foundation Trust

3PB Barristers’ Hamish Dunlop, a senior clinical negligence barrister, was instructed by law firm Coles Miller and both represented a then-17 year-old student,  after her ovarian cyst operation at the Queen Alexandra Hospital in August 2013 went tragically wrong, throughout her case and the mediation on a no win/no fee basis. The Waterlooville student reached an out-of-court settlement of £815,000 with Portsmouth Hospitals NHS Foundation Trust following a mediation in December 2019, ahead of a trial listed for February 2020. The NHS Trust denied causing the problem.

The mediator was Robert Seabrook QC and the NHS Trust were represented by Anna Morgan of DAC Beachcroft. The case was also a landmark as the first in the UK to pilot the new NHS Resolution E-Filing Scheme – in which all mediation documents are filed electronically onto an online portal. The case involved medical evidence from experts in gynaecology, urology, nursing, psychiatry, occupational therapy and neurology.

The student began to suffer urinary retention but was allegedly wrongly discharged from hospital without being correctly informed that her bladder was not working properly. This went untreated for seven weeks, causing severe and permanent damage to her bladder. She had to have a urinary diversion and urostomy procedure in 2015, leaving her with a urostomy bag for the rest of her life. She is still only 24 years old. A large proportion of the damages claimed were to compensate Miss A for past and expected future financial losses and expenses.

Coles Miller solicitor Lydia Barnett, a Poole-based partner in the firm’s Medical Negligence Department, said: “We are delighted to have been able to help get this substantial compensation for our client. She has suffered long-term physical and psychological injuries, which have significantly affected her day-to-day life and have had a detrimental impact on her ability to pursue her chosen career as a chartered accountant.”

3PB Barrister Hamish Dunlop said: “This was a demanding, highly technical case and also a landmark case for the NHS’ new E-Filing Scheme. There’s no doubt it worked exceptionally well. It allowed all of us to have instant access to the documents simultaneously, saved significant time and expense as well as helping the environment – as we didn’t need to use the very large paper bundles that would have been prepared. I am sure this will prove to be a successful pilot and NHS E-filing will be a great help in mediations like this in the future,” he added.

For more information, contact 3PB Barrister Hamish Dunlop on 01202 292102 or Coles Miller Partner Lydia Barnett on 01202 673011.