By Michael Shaw, Barrister As a direct access barrister specialising in clinical negligence and complex claims, I have had the privilege of representing clients in some legally intricate cases. Some of these cases can also be personal to me. One such case was brought before the High Court of Justice, Queen’s Bench Division (as it was then). It exemplifies the challenges and responsibilities of advocating for justice in the face of profound human suffering. The case involved Mrs. A, a professional who endured life-altering consequences following admitted negligence by a healthcare provider, Trust B. Mrs. A and her husband, Mr. J, had long aspired to build a family. After years of struggling with infertility, they were overjoyed to conceive naturally in early 2015. However, their happiness was tragically cut short when Mrs. A began experiencing severe abdominal pain during her pregnancy. Despite repeated visits to the hospital, her concerns were not adequately addressed. A misdiagnosis led to an unnecessary appendectomy, which failed to resolve her pain. Later that year, Mrs. A suffered a catastrophic uterine rupture and placental abruption, resulting in the stillbirth of her daughter and the loss of her uterus. Trust B later admitted that proper monitoring and timely intervention could have prevented these devastating outcomes. Mrs.A and Mr.J came to me after having been told by their previous lawyers to put forward a valuation for their losses that was way below what they (and I) believed the claim to actually be worth. As her new legal representative, my role was to help Mrs. A’s voice be heard and to make sure that her suffering was acknowledged in the pursuit of justice. This clinical negligence case was never really about compensation. It involved holding the responsible parties accountable. It also involved securing the resources necessary for Mrs. A and her family to rebuild their lives. The claim included damages for pain, suffering, and loss of amenity. It also included the costs associated with past and future surrogacy arrangements. The surrogacy aspect of the case presented unique legal challenges. These challenges were particularly complex in light of the Supreme Court’s decision in XX v. Whittington Hospital NHS Trust [2020] UKSC 14. This ruling established that damages for foreign commercial surrogacy may be recoverable under certain conditions, provided the arrangements are reasonable and the costs are justified. In this case, Mrs. A and Mr. J have faced extraordinary challenges in their surrogacy journey. They encountered dishonest individuals who exploited their vulnerability, leading to financial losses and emotional distress. Despite these setbacks, they persevered and eventually welcomed their son through a successful surrogacy arrangement in the UK. However, even this joyous occasion was overshadowed by the complexities of surrogacy laws in the UK, which led to Mrs. A being treated as an outsider during her son’s hospital stay. As their barrister, I did my best to present a compelling case that not only addressed the admitted negligence but also highlighted the far-reaching consequences of the defendant’s actions. This included advocating for the recoverability of surrogacy costs in the United States. The couple hoped to pursue further surrogacy arrangements to complete their family. The defendant had challenged the reasonableness of these costs and questioned whether Mrs. A would have required surrogacy or IVF treatment in the absence of negligence. My role was to analyse the evidence. This included medical records and expert reports. I aimed to demonstrate the validity of the claimant’s assertions and the necessity of the proposed surrogacy arrangements. This case is a testament to the resilience of individuals who, despite immense adversity, continue to fight for their dreams. It also highlights the role of legal professionals in navigating complex issues, advocating for justice, and ensuring that the law evolves to address the realities of modern family-building and the consequences of clinical negligence. As I recall working for Mrs. A and her family, I am reminded of the impact that working as a barrister can have on the lives of those we advocate for. It was both a responsibility and an honour to work for them. Playing the smallest part in helping their voices to be heard is one thing I do take some pride in.
Discover more from Michael Shaw
Subscribe to get the latest posts sent to your email.