Photo of Vinit Khurana QC (Scot.)

Vinit Khurana QC (Scot.)

Call 1999
Silk QC (Scot.) 2018

vkhurana@2tg.co.uk

+44 (0)20 7822 1200

"His knowledge and expertise in the medical negligence field is invaluable"

Chambers UK 2021

"Held in esteem for his command of the medical intricacies behind clinical negligence cases"

Chambers UK 2020

" ... we particularly value the expertise he brings from his former career as a doctor"

Chambers UK 2019

"He is determined and perceptive with experts and factual witnesses"

Chambers UK 2018

"Insightful and very responsive"

Chambers UK 2017

"very impressive, reliable and knowledgeable”

Chambers UK 2016

" ... a go-to counsel who I would trust with any case, no matter how big or small"

Chambers UK 2015

Practice Overview

Vinit was called to the Bar in 1999. Since then he has practised as an advocate in Scotland and took silk there in 2018. Vinit was called to the Bar of England & Wales in 2019 and joined 2TG in November of the same year.

Vinit has the rare distinction of being dual qualified in law and medicine, having practised as a medical General Practitioner for over a decade. His dual qualified status is one of his most sought after assets, with clients frequently commenting on how his medical knowledge has proven to be an invaluable asset in a wide variety of cases. Feedback includes “held in esteem for his command of the medical intricacies behind clinical negligence cases” (Chambers UK), and “…we particularly value the expertise he brings from his former career as a doctor” (Chambers UK).

Vinit has a wide ranging practice covering both advocacy and advisory work in complex, high profile and urgent matters. He has experience of acting for and against private individuals and corporations, public bodies and health boards across a broad range of medical law. His specialisms include clinical negligence, judicial review, professional discipline, professional negligence, personal injury, regulatory and mental health. Examples of the breadth of his instructions include:

  • fraud cases brought by Health Boards against Optometrists before the NHS Tribunal
  • the chairing of the NHS Classification Appeal Committee in respect of disciplinary matters;
  • appearances on behalf of the National Appeal Panel in judicial review petitions for entry to the pharmaceutical list; and
  • advisory work in connection with many other matters related to the provision of healthcare including competition law issues, optometric and pharmaceutical services regulation, contractual arrangements, mental health matters and ECHR issues.

Vinit was the Chair of the Faculty of Advocates Sub-Committee which responded to the Scottish Government’s consultation on the reform of mental health legislation. He has also responded on behalf of the Faculty of Advocates to Scottish Government consultations on organ donation and transplant. He remains a member of the Faculty Committee that oversees all of the Faculty’s responses to Scottish Government consultations.

Throughout his career Vinit has been prepared to work in new areas. He enjoys new challenges. He is a conscientious and hard worker. As well as appearing in court in complex, high profile and urgent matters, he regularly provides written advice on a wide variety of matters.

Clinical Negligence

Vinit has acted for both claimants and defendants in negligence cases arising in every clinical speciality (including anaesthetics, cardiology, dermatology, emergency medicine, ENT, gastroenterology, general practice, haematology, intensive care, obstetrics and gynaecology and paediatrics). He is often instructed in cases involving significant medical complexity.

Significant cases:

  • Scottish Mesh Litigation (2014 to date)
    Instructed for the NHS defenders in one of the largest group actions in Scotland. There are currently over 400 cases in this group.
  • Melissa Malone v Greater Glasgow Health Board (2016)
    Acted for the defenders in this clinical negligence proof where an alleged delay in diagnosis resulted in a stroke for the young pursuer. This case involved an attempted extension of the Montgomery decision in relation to informed consent.
  • Leadbetter v Tayside Health Board (2016)
    Acted for the defenders in this action of surgical negligence involving a laparoscopic cholecystectomy
  • Deborah Young v Borders General Hospital (2015 to 2016)
    Instructed for defenders in this preliminary proof on timebar in a medical negligence case
  • Honisz v Lothian Health Board (2008 SC 235)
    Acted for the defenders in this leading medical negligence case in respect of loss sustained as a result of infection following arthroscopy of the knee.


Selected Others
:

  • 2016 to 2019
    Instructed by NHSLA in England in relation to an appeal by a GP to the Upper Tier Tribunal
  • 2017
    Instructed by the NHS in the defence of a health and safety prosecution following the death of a patient
  • 2017
    Instructed for appellant in an appeal to the Senatus Academicus in relation to a University Exclusion Appeal
  • 2015 to 2016
    Instructed by a health board in relation to a high profile employment matter before an appointed panel under the NHS Annex C procedure
Personal Injury

Vinit has experience of conducting a wide range of personal injury claims from simple accidents to those involving complex medical issues. Examples include injuries due to incorrect positioning on, or falls from, operating tables; claims arising from latex and other contact allergies; a claim for injury associated with an acutely paranoid patient jumping out of a second floor hospital window; and claims arising from road traffic accidents.

Significant cases:

  • Jack v Borders Health Board (2017)
    For the defenders in an alleged acceleration of back pain case following injury
  • O’Neil v Greater Glasgow Health Board (2014)
    For the defenders in this personal injury action involving a head injury caused by a fall in the course of employment
  • Stewart v Greater Glasgow Health Board
    Instructed for the defenders in this action concerning the acquisition of hospital acquired infections (MRSA and C-diff)
  • Brown v Tayside Health Board (2012)
    Acted for the defenders in this latex allergy case.
  • McCuish v Highland Health Board (2011)
    Acted for the defenders in an action involving injuries sustained by a nurse as a result of an assault by a violent patient
Public Inquiries & Fatal Accident Inquiries

Vinit has extensive experience in conducting inquiries in a non-adversarial setting. Fatal Accident Inquiries are conducted in Scotland and have some similarities to a Coroner’s Inquest.

Significant cases:

  • FAI into the death of Andrew Logan (2015)
    Instructed for Scottish Ambulance Service in this 5 week high profile FAI. It concerned the alleged delay in retrieving an elderly man who was ultimately found to have a ruptured abdominal aortic aneurysm. Leading experts in vascular surgery, intensive care and also expert paramedics gave evidence.
  • FAI into the death of Kathryn Beattie (2012-2014)
    Instructed for the Health Board in this high profile FAI which ran over the course of about two years ending in January 2014. It concerned the circumstances surrounding the death of a 13 year old girl with acute leukaemia. Leading experts in leukaemia research, haematology, neuroradiology and neurosurgery all gave evidence.
  • FAI into the death of David Tweedie (2012)
    Instructed by the Health Board in relation to a death following elective surgery where concerns about the availability of medical information in paper form and on computer was an issue
  • FAI into the death of Mary MacAuley (2011)
    Instructed by the Scottish Ambulance Service in relation to the death of a lady in her home in unusual circumstances
  • FAI into the death of Irene Hogg (2009)
    Instructed by Scottish Borders Council in a high profile case involving the suicide of a primary school head teacher following a school assessment
  • FAI into the death of Gordon Ewing (2009-2010)
    Instructed by the Health Board in relation to the death of young man during anaesthesia for elective surgery on his little finger