Mark Stephen Lomas

Year of Call: 1983
Email Address: mark.lomas@3pb.co.uk
Telephone: 01962 868 884

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Clinical Negligence

Mark acts predominantly for Claimants in a variety of claims for clinical negligence against medical, dental and other therapeutic providers extending to claims against GPs (and practice employees), GDPs, and hospital staff to consultant level including cases of the utmost evidential complexity, catastrophic injury and fatality. He has a related practice at inquests and in professional negligence actions arising out of medical negligence claims and has acted in GMC disciplinary proceedings.

Recent cases:

  • M - B A claim arising out of the negligent re-siting of a gastrostomy tube in a young child, leading to sepsis, cardiac arrest, brain injury and multi organ failure.
  • Y - I A claim arising out of the delayed diagnosis of a knee injury, leading to the patient requiring 8 major procedures instead of a straightforward treatment.
  • N - W A claim arising out of the alleged misdiagnosis and subsequent treatment of a patient with a uterine abnormality causing multiple miscarriages.
  • P - S A claim arising out of the delayed treatment and inadequate care for a prisoner's tracheostomy, leading to permanent lung damage and breathing difficulties.
  • B - B A claim arising out of the negligent care of a stroke patient, amidst his relative unwillingness to cooperate. The claim involved detailed review of hospital's care plans, protocols and records.
  • M - N A claim arising out of the defendant's failure to diagnose a recurring brain tumour and the neurological damage resulting from delayed surgery.
  • T - P A claim arising out of repeated (3 procedures) upper gastrointestinal surgery to remedy reflux, resulting in the inability to take a solid diet and chronic pain.
  • W - S A claim arising out of the failure to detect and treat bowel cancer in a patient suffering from ulcerative colitis, resulting in his death, aged 30.
  • P - U A claim arising out of a hospital's failure to follow up on a patient's diabetic retinopathy, resulting in the need for prolonged, invasive treatment and damage to vision.
  • G - W A claim arising out of a hospital's inability to detect and treat DVT and pulmonary embolism and the resulting impact on the patient's reduced function at work.
  • W - A claim arising out of the failure by an Emergency Department to diagnose and treat a canimorsus capnocytophaga infection, leading to near fatal sepsis, multi organ failure and limb amputation.
  • S - A claim arising out of the failure by a general practitioner to investigate symptoms which would have led to diagnosis of a testicular cancer in good time, leading to the development of advanced cancer, severe illness and prolonged symptoms affecting a career as a professional racing driver.
  • B - A claim arising out of spinal cord injury sustained during spinal surgery.  The claim was advanced upon the basis both of lack of informed consent to the injurious aspects of the surgery and in failing to provide prompt remedial surgery to reduce the consequences of injury.
  • B - A claim arising out of the failure to investigate the claimant and detect a leak from an anastomosis formed during a laparoscopic bariatric procedure, leading to advanced sepsis and death.
  • A - A claim arising out of the failure to detect and treat a bowel perforation during laparoscopic pelvic surgery, leading to severe illness, a de-functioning ileostomy, chronic pain, prescribed opiate addiction and psychiatric injury.
  • A - A claim arising out of the failure by an optometrist to investigate abnormality of vision following a sight test that would have revealed the presence of, and enabled earlier treatment of, a brain tumour.
  • M - A claim arising out of the failure by two consecutive general practitioners to diagnose / treat infective mastitis leading to prolonged hospitalisation for PVL-SA infection and pneumonia and requiring repeated surgery for advanced breast abscesses.
  • R - A claim arising out of surgery for ectopic pregnancy in which the wrong fallopian tube was removed, causing reduced fertility and psychiatric injury.
  • S - A claim arising out of the death of an unborn child following hypoxic damage suffered after the mother experienced post-operative bleeding following surgery to treat an ovarian cyst.
  • C - A claim arising out of negligently conducted shoulder surgery of hemiarthroplasty.

Recommendations

Has a broad skill set encompassing industrial disease, occupiers' liability, historic sex abuse and employers' liability claims. He is adept at handling cases involving fatal accidents and catastrophic injuries. He represents both defendants and claimants, including children and protected parties. He is particularly skilled in the valuation of complex damages claims.
Strengths: "He's meticulous in his preparation and has the ability to immediately strike up relations with clients in very difficult situations. He's also very good in front of judges and is very thoughtful in the way he presents cases." "He is incredibly hard-working, approachable, knowledgeable and hands-on – an all-round superb barrister."

Chambers UK 2020/Personal Injury - Western (Bar) - Band 1

Chiefly acts for claimants in cases of the utmost severity, including those concerning catastrophic injury and fatal accident claims. He also handles a variety of surgical negligence, dental negligence and delayed diagnosis matters, and is well regarded for his representation of vulnerable clients and minors. Claimants can further benefit from his substantial experience in the valuation of complex future loss claims as well as claims for provisional damages.
Strengths: "He certainly is always very empathetic with clients and conscientious about what he's doing. It's not just 'a case' to him, it's 'their' case. He treats every case like that."
Recent work: Acted for the claimant in a case against Portsmouth Hospitals NHS Trust, in which repeated gastrointestinal surgery was alleged to have led to the claimant's chronic pain and inability to take solid food.

Chambers UK 2020/Clinical Negligence - Western (Bar) - Band 1

"He provides practical solutions which inevitably result in sensible outcomes." "He's very, very detailed and leaves no stone unturned. He's also excellent with clients and is really able to bring things down to a level that clients can easily understand."
Recent work: Acted in Farmer v Hussain, a case in which the claimant was knocked down by a bus on a pedestrian crossing and suffered a head injury.

Chambers UK 2019/Personal Injury - Western (Bar) - Band 1

"Very competent with technical liability issues." "His advice and guidance throughout a matter, however complex, is always superb. His attention to detail is second to none." "He has excellent judgement, superb people skills, and an air of confidence but not arrogance that sets him apart."

Chambers UK 2019/Clinical Negligence - Western (Bar) - Band 1

Strengths: "A very good cross-examiner and a tough opponent." "He is very experienced and provides a consistently high quality of service, with sound judgement and a forensic attention to detail." "An excellent senior junior who knows exactly what is needed evidentially to win difficult cases. He has good manner with challenging clients."

Chambers UK 2018/Personal Injury - Western (Bar) - Band 1

'Chiefly acts for claimants in cases of the utmost severity, including those concerning catastrophic injury and fatal accident claims. He also handles a variety of surgical negligence, dental negligence and delayed diagnosis matters, and is well regarded for his representation of vulnerable clients and minors.'
Strengths: "An excellent senior junior who knows exactly what is needed evidentially to win difficult cases and he has a good manner with challenging clients." "In mediation he is very calm, considered and carries a lot of kudos." "Excellent with clients and experts."

Chambers UK 2018/Clinical Negligence - Western (Bar) - Band 2

'Focuses on representing claimants in a wide range of maximum severity cases including those relating to catastrophic injury. His practice covers the London Bar and Western Circuit. He routinely acts in surgical negligence matters and delay in diagnoses. In addition, he is adept at dental claims.
Strengths: "Excellent with clients and experts." "He's exceptional at what he does due to his experience over the years. He instils a great deal of confidence in the clients."'

Chambers UK 2017/Clinical Negligence - Western (Bar) - Band 2

Strengths: "A superb advocate with meticulous attention to detail." "He is extremely good at analysing complex issues."'

Chambers UK 2017/Personal Injury - Western (Bar) - Band 1

'An experienced practitioner whose practice includes clinical negligence and personal injury. He practises across both the London Bar and Western Circuit on behalf of both claimants and defendants. He is frequently instructed to handle matters dealing with the most serious harm, including fatal accidents and catastrophic injury.
Strengths: "Silk material. He is very bright, gives clear advice to his clients and in conference is very good at understanding the key issues in the case without getting bogged down. He's also very good on his feet and is a very solid advocate."'

Chambers UK 2016/Clinical Negligence - Western (Bar) - Band 2

'Represents both claimants and defendants in a wide range of personal injury cases. He is praised for his attention to detail and strong analytical skills.
Strengths: "His strength is his analysis and judgement on how to deal with a case effectively." "He's very strong on the mathematical side of the schedules of loss."'

Chambers UK 2016/Personal Injury - Western (Bar) - Band 2

'...focuses on high-value injury claims arising from RTAs. He is widely praised for his ability to handle highly technical details in complex cases.
Expertise: "He is extremely good and his attention to detail is second to none."'

Chambers UK 2015/Personal Injury – Western Bar

'...has a broad clinical negligence practice which includes dental and therapy work. The range of his work covers minor to catastrophic injuries, and fatalities.
Expertise: "He is extremely thorough and works very hard." "He has a very good turnaround time and is highly responsive."'

Chambers UK 2015/Clinical negligence – Western Bar Band 2 Set

'...particularly known for his deft representation of medical professionals in cases ranging from small injury claims up to catastrophic and fatal injury cases.
Expertise: “He is excellent with clients and experts, and is a reassuring presence in a case.” “He is very efficient and definitely knows his stuff.”'

Chambers UK 2014/Clinical Negligence - Western Bar

'...specialises in high-value claims for catastrophic injuries, including those arising from RTAs and involving employers' liability. He has significant experience in claims involving complex jurisdictional issues, and is noted for his ability in negotiations.
Expertise: “He’s experienced, dependable, has a very keen eye for detail and is always able to add value to a claim. He has a forensic knowledge of the Ogden tables - haven’t come across anybody with knowledge that in-depth. He’s a statistical man.”'

Chambers UK 2014/Personal Injury – Western Bar

‘A very knowledgeable, robust litigator, who has a great manner with clients.’

Legal 500 2020/Regional Bar - Western Circuit -  Clinical negligence – Leading juniors

‘He has a very good eye for detail and is adept at schedule preparation.’

Legal 500 2020/London Bar - Personal injury – Leading juniors

‘He has an excellent knowledge of all aspects of personal injury law and procedure.’

Legal 500 2020/Regional Bar - Western Circuit -  Personal injury – Leading juniors

'Very consistent, high-quality performer with an eye for detail.'

Legal 500 2018/19/London Bar - Personal injury – Leading juniors

'A top-quality performer'

Legal 500 2018/19/Regional Bar - Western Circuit, Personal injury and clinical negligence – Leading juniors

'Extremely bright, professional and very good with clients'

Legal 500 2017/London Bar - Personal injury – Leading juniors

‘He is meticulous and extremely knowledgeable.’

Legal 500 2017/Regional Bar - Western Circuit, Personal injury and clinical negligence – Leading juniors

'He has extraordinary attention to detail.’

Legal 500 2016/Regional Bar - Western Circuit, Personal injury and clinical negligence – Leading juniors

'Meticulous and responsive'

Legal 500 2015/Regional Bar - Western Circuit, Personal injury and clinical negligence – Leading juniors

'Pragmatic and thorough.'

Legal 500 2014/South Eastern Circuit, Personal Injury and Clinical Negligence expertise.

‘technical ability is excellent, and on a par with many silks’.

Legal 500 2013/Western Circuit, Personal injury and clinical negligence expertise

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Academic qualifications

  • BA (Keele)

Professional qualifications & appointments

  • Accredited Mediation Advocate

Professional bodies

  • Personal Injury Bar Association (PIBA)
  • Professional Negligence Bar Association (PNBA)

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