About James Sherwin
I have been dealing exclusively with Clinical Negligence claims since 2007, and handle a wide range of cases including orthopaedic injuries, complex bowel perforation cases, ophthalmic cases, fatal claims and delayed cancer diagnosis cases. My specialism in spinal injury cases means I have been involved in several claims involving Cauda Equina Syndrome, the most recent of which I settled for a six figure sum, and I am currently instructed in several cases in which damages are estimated at between £500,000 and £900,000.
Amongst my work highlights;
- I settled a difficult claim involving plagiocephaly that our paediatric specialist said was the first successful claim of its type he had heard of, which was particularly challenging on its facts but meant a lot to the family of the child involved;
- I recently secured a £400,000 settlement for a gentleman who had lost his career as a result of his injuries and will have a disadvantage on the labour market for life;
- Last year I settled a case for damages of £285,000, which involved a delayed diagnosis of cancer. Tragically the Claimant now has terminal cancer as a result of the Defendant's negligence and a life expectancy of less than two years. It was important to deal with the case effectively and promptly to ensure the Claimant knew their family's future was secure;
- I am currently dealing with another very sad case arising from the death of a young mother following bariatric surgery, who left a seven year old child now being looked after by her grandmother. Despite the surgeon involved having been struck off as a result of this and a number of other deaths, the Defendant has denied liability for the claim throughout, but as a result of my work they have now admitted liability a few months before Trial, so thankfully my clients will be spared the trauma of giving evidence in the High Court;
- I also successfully settled a case arising involving the death of a twin baby that attracted global press coverage, beginning with the UK national press and BBC and then spread as far as America, South Africa, New Zealand and Singapore.
Why Medical Negligence? I really enjoy the mix of skills needed in this field; part-lawyer, part-medic and part-detective. I also appreciate being able to help clients achieve justice - in fatal claims for example, the financial value of the claim is often relatively minimal compared to the importance to the family in finding out what happened to their loved one and the lessons that can be learned to prevent a recurrence. With the proposed changes to litigation funding I fear it may become increasingly difficult to take these cases on, and I think it is vital we as lawyers do whatever we can to ensure bereaved families continue to have access to our services.
I was admitted as a Fellow of the Chartered Institute of Legal Executives in 2012 before becoming dual-qualified as a Solicitor in 2015, and worked for many years as a volunteer for AvMA (Action Against Medical Accidents), the leading UK charity for patient safety and justice, giving legal advice to the public via their Freephone helpline. As mentioned above, I am also keen to fight for access to justice for all in the face of the ever-increasing restrictions being enforced by Government.
Outside work my hobbies include Scuba Diving (I am a qualified Advanced Open Water Scuba Diver), boxing (watching from the safety of the sofa, not participating), following Spurs through gritted teeth and until recently playing lead guitar in an indie/rock band, which I am hoping to get back to soon.
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