Photo of Bradley Martin

Bradley Martin

Call 1990

bmartin@2tg.co.uk

+44 (0)20 7822 1200

"...what you would call a winner"

Chambers UK

"a superb advocate"

Chambers UK

"...very natural and persuasive delivery"

Chambers UK 2017

Practice Overview

Bradley is a specialist clinical negligence barrister. His practice covers all aspects of clinical negligence for claimants and defendants, in particular brain damage, spinal injury, amputation and other high value claims.

For a number of years, he has been recommended as a leading clinical negligence Junior by Legal 500, and Chambers UK, where he is described as “a superb advocate” and “very natural and persuasive… a winner”.

Bradley has significant experience of product liability claims, including group litigation, and has undertaken personal injury work throughout his career. He is also active in professional regulation, having appeared before the professional conduct committees of the GMC, GDC, CIPFA and ICAEW.

He has background academic and research experience, having been a researcher of medical law at the University of Toronto and a tutor of tort law at Leicester University. He lives in Hove and plays guitar, banjo, and ukulele with great enthusiasm (if not skill).

 

Clinical Negligence

Specialist advocate acting for and against doctors, surgeons, nurses, midwives, optometrists and dentists. Regularly instructed on behalf of the NHSLA and maintains a significant number of claimant instructions. Particularly experienced in dealing with the breach of duty, causation and quantum issues that recur in cerebral palsy, other obstetric, cauda equina, other spinal injury and amputation claims. Often instructed to deal with difficult issues of quantum. Background academic and research experience in the field of medical law.

Trial successes include:

Bailey v Northfield (Manchester CC, 2009): for the claimant in leg amputation case concerning failure by GPs timeously to refer.

Nicholas v Imperial College Healthcare NHS Trust [2012] EWHC 591 (QB): successfully defended professor of vascular surgery in stroke claim concerning alleged poor performance of carotid endarterectomy.

Gregori-O’Neill v East and North Hertfordshire NHS Trust (QBD, 2014): successfully defended obstetric team in claim that it was negligent to deliver by Caesarean section a baby about to be delivered vaginally.

Bostridge v Oxleas NHS Foundation Trust (CLCC, 2014): false imprisonment of patient unlawfully detained on mental health grounds – successful at first instance in limiting the claim to nominal damages of £1 (upheld on appeal [2015] EWCA Civ 79).

Helps v Nottingham University Hospitals NHS Trust (Nottingham CC, 2014): successfully defended consultant colorectal surgeon in claim alleging negligent performance of stoma revision surgery.

Anelay v Nottingham University Hospitals NHS Trust (Nottingham CC, 2014): successfully defended junior obstetrician in claim alleging negligent performance of forceps delivery causing 4thdegree tear.

Moore v Worcestershire Acute Hospitals NHS Trust [2015] EWHC 1209 (QB): permission obtained on behalf of an acute trust to withdraw admissions of breach of duty and causation made by mistake.

Roberts v Portsmouth Hospitals NHS Trust (QB Winchester, 2016): for the claimant in neonatal compartment syndrome case – claimant lost a better outcome due to negligent delay on the part of the neonatal intensive care team in diagnosing and treating an upper limb compartment syndrome in a day old, premature neonate.

Winter v NHS Commissioning Board (CLCC, 2016): for the defendant in a wrongful birth case – the claimant became pregnant despite having had a hormone implant (Implanon) – held that a negligent failure to insert the device could not be inferred, the cause of the failure was probably the spontaneous expulsion of the implant.

Darnley v Croydon Health Services NHS Trust [2015] EWHC 2301 (QB); [2017] EWCA Civ 151 (CA): no duty/responsibility on the part of the NHS, through its non-clinical reception staff, for harm caused to a patient by failing to wait to be seen in A&E.

 

  • Interesting/notable examples of instructions include:
  • cerebral palsy cases, cauda equina cases, Erb’s palsy/shoulder dystocia cases, cases of acute limb ischaemia leading to limb amputation;
  • failure to diagnose spinal epidural abscess leading to paraplegia; failure to diagnose TB arachnoiditis; failure to diagnose necrotising fasciitis;
  • clinical and radiological failure to diagnose a retroperitoneal mass (sarcoma);
  • failure to treat uveitis resulting in blindness;
  • failure to diagnose neonatal osteomyelitis;
  • failure to diagnose neonatal compartment syndrome;
  • failure to diagnose various eye conditions, including acanthamoeba keratitis and acute angle-closure glaucoma;
  • Junior Counsel for the defendant in R v The Royal National Orthopaedic Hospital NHS Trust [2012] EWHC 492 (QB McCombe J) concerning the standard of care in juvenile scoliosis surgery.
Professional Regulation

Instructed to appear before the PCC/FTPP of the General Medical Council in a variety of disciplinary cases against medical practitioners, for example propriety of laser spinal surgery, agreement to facilitate illegal kidney transplant surgery, failures of GPs to attend, examine, refer and properly prescribe, and breach of the duty of confidentiality.

Instructed to appear before the Professional Conduct Committee of the Chartered Institute of Public Finance Accountants in cases of misconduct against public sector accountants, including mismanagement of multi-million pound local authority capital development project in Wales, mismanagement of pensions in the London Borough of Redbridge, improper use of local authority funds for political purposes, disciplinary proceedings arising out of the multi-million pound deficits in London Borough of Lambeth, North East Lincolnshire Council and Royal Wolverhampton NHS Trust, and the scandal over executive severance pay and expenses in East Lothian.

Personal Injury

Expert at acting for and against claimants over the whole range of personal injury and fatal accidents litigation, including cases of injury of maximum severity, psychiatric damage, industrial diseases (including asbestos claims and WRULD claims) and injury to children.

Often instructed where there is a particular medical issue.

Particular expertise in drafting complicated schedules and counter schedules of damages in brain damage/reduced life expectancy claims. Wide experience of complex road accident claims and proceedings at inquests.

Expert at acting for and against claimants over the whole range of personal injury and fatal accidents litigation, including cases of injury of maximum severity, psychiatric damage, industrial diseases (including asbestos claims and WRULD claims) and injury to children.

Often instructed where there is a particular medical issue.

Particular expertise in drafting complicated schedules and counter schedules of damages in brain damage/reduced life expectancy claims. Wide experience of complex road accident claims and proceedings at inquests.

 

Product Liabilty

Junior Counsel for Glaxo in the Myodil litigation. Retained on behalf of prescribing doctors in several cases concerning the anti-malarial drug Lariam. Counsel for Defendant in the Hydrogel breast implant claims. Retained on behalf of the NHSLA in respect of vaginal polypropylene mesh claims.

Experience of other product liability cases including failure of cranes, a child safety bottle, a child’s toy plane, a water slide and parts of vehicles generally.