Anne Kavanagh

My clients have suffered from a catastrophic experience and as a result either they or a member of their family has sustained a life-changing injury.

The greater part of my practice involves representing women and children who’ve been injured because of negligent medical treatment.

Some of the most notable cases I’ve helped to settle include:

XX v Whittington Hospital NHS Trust [2020] UKSC 14 Supreme Court Judgment in favour of my client, awarding the costs of Surrogacy in the US following the negligent delay in diagnosis and treatment of cervical cancer, which led to her infertility at the age of 29.

Marshall v Schembri [2020] EWCA Civ 358 Court of Appeal dismissed an appeal by the Defendant GP, against a decision in the High Court Trial in favour of my client, whose wife (Mrs Marshall) died at home following a fatal pulmonary embolism.

The GP had accepted that they should have referred Mrs Marshall to hospital when she attended complaining of leg pain and with a history of DVT. They denied that this would have prevented her death some 15 hours later, but the Trial Judge and Court of Appeal agreed that the statistical evidence was that with referral to hospital she would have survived.

I have acted for many families whose children have suffered a brain injury at or soon after their birth, resulting in Cerebral Palsy. The following is a small sample of those resolved in the past five years, with the figures representing the total sum awarded over the client’s lifetime to fully fund the costs of meeting their needs:

• GXR – settled for £26m capitalised sum over a lifetime.
• JXH – settled for £18m capitalised sum over a lifetime in a neonatal jaundice/kernicterus case.
• CCD – a lump sum settlement in a child with mild CP where liability was split at 35%, in the sum of £6.5m.
• CGS – settled for just over £13m capitalised in a case where liability was split at 75% recovery.
• FXB – £19m capitalised in a delayed diagnosis of meningitis case.

Right from the start, I would encourage my clients to gather and keep any evidence they have that can support their memory of what happened. They should also maintain records of all out-of-pocket expenditure from their injuries, whatever that may be.

Communication with my clients is a top priority. Even though sometimes there are periods of delay (for example while we wait for records to be disclosed) I try to manage expectations by setting out a clear plan with timescales and then updating as we reach milestones. I always encourage clients to contact me if they have any queries or concerns.

While we wait for liability to be investigated and hopefully secure an admission of liability and interim payments, myself and my team also work to support clients with their recovery. We make introductions to charity providers, who may be able to provide support. Our in-house support and rehabilitation team can also help in other ways, such as securing treatment or care while the claim is ongoing.

At Irwin Mitchell, I believe we have access to the best medico-legal experts and Barristers. We build a team to offer our clients the tailored expertise needed to fully explore their unique case, giving us the best chance of success.

I’m a good listener, and from our first meeting my priority is to understand your experience in your own words. I want to hear what happened from your perspective, while the details are still fresh in your mind, and to make sure you feel listened to and supported.

We often find that a client’s account of events doesn’t fully align with what is recorded in their medical notes. For that reason, I would encourage you to keep hold of any photos, videos, WhatsApp messages or other correspondence that may help support your account of what happened.

Once I have a clear understanding of the factual background, I will explain the legal tests required to prove negligence and give you my honest view on whether your case is likely to be successful. I recognise that the litigation process can be demanding and emotionally stressful, and I believe it is important to pursue a claim only where there are good grounds for doing so.

I will also talk you through the steps involved in the investigation process and provide an outline of the likely timescale to resolution, so you know what to expect at each stage.

If we believe you have grounds to bring a compensation claim, we will then discuss funding options for legal costs, which need to be agreed and put in place before we move forward.