Case experience

Below are some of the recent cases we have acted on, including landmark and precedent setting judgements.

Our standing in the profession and our ability to provide insightful, clear and balanced views has led many solicitors to seek our services.

Anonymised Physiotherapy Expert witness report by Mark Buckingham

Court appearances

  • Hall v Thomas, Hardwick and Everton FC – Formal CPR compliant report and court evidence and cross examination for both prosecution and defence in a multi-million pound clinical negligence action brought by youth academy player arising from post-injury rehabilitation. Landmark judgement that shifted the burden of proof of negligence further towards the claimant. Hall v Everton FC Judgement. See Page 30 for references. Online details here.
  • Hamed v. Mills and Tottenham Hotspur FC – Clinical negligence case. Report regarding immediate care received by Mr Hamed after cardiac event. Liability rested with the Club Doctor and Cardiologist and not the treating Physiotherapist. Details from Barristers Chambers. Details of the Judgement online. Or as Hamed v Spurs Mills Judgement in PDF.
  • West Bromich Albion FC v El-Safty – A landmark case with regard to an employer (WBA) and the Medical Consultant. The liability was to the patient/player and not the Club.  Judgement in PDF. WBA v El Safty Judgement

Formal CPR Part 35 compliant reports

  • Premiership footballer v Premiere League football club – Ex Premier League footballer versus Chartered Physiotherapist in breach of duty case. Part 35 compliant report. Resulted in the alteration of the PLI rules for Chartered Physiotherapists in Premier League and Championship football clubs.
  • NHS patient v NHS trust – Part 35 compliant report on a case of alleged failure to refer claimant for MRI and to provide a reasonable standard of physiotherapy care.
  • Premiership rugby player v Premiership rugby club – A formal CPR compliant report as to breach of duty with respect to the care provided by the club and it’s physiotherapists to the player, including causation on balance of probability, in a misdiagnosis / mal-union of fracture.
  • Premiership rugby player v Premiership rugby club – full report and joint physiotherapy statement regarding whether an exercise was safe as the player suffered an injury whilst undertaking it.
  • NHS patient v NHS TrustQuantum Case for Defendant requiring a report on the physiotherapy the Claimant will likely require as a result of the admitted negligence regarding abdominal injuries.
  • NHS patient v NHS Trust – Breach of duty report for the Claimant  on the Physiotherapy treatment received on a knee injury.
  • Rugby League player v Super League club – full and joint reports for the defence regarding the treatment and rehabilitation of the Claimant following a lumbar spine injury.
  • NHS patient v NHS Trust – Physiotherapy Condition and Prognosis Report with particular reference to recommendations for physiotherapy treatment and costings.
  • Rugby League player v Super League club – report and joint report for the Defendant regarding treatment for a cervical spine issue, return to play rehabilitation and causation of a subsequent issue in the same area.
  • Private Patient v Private Physiotherapy Clinic – Formal report regarding damage suffered by the Claimant during the course of Physiotherapy treatment on the cervical spine.
  • Prisoner v PrisonServiceCausation and prognosis report on an injury sustained whilst in prison.

Short Form reports

  • E v NHS Trust – Short form report on allegations relating to a failure of an Orthopaedic Physiotherapy Practitioner to refer the Claimant for an MRI scan, representing a breach of duty, at a time when such a referral would be considered appropriate and ‘mandatory’.
  • NHS patient v NHS Chartered PhysiotherapistA short form report regarding breach of duty in the treatment of pelvic pain during pregnancy.
  • Patient A v NHS Trust Out patient MSK Physiotherapist – Breach of duty of care claim in the post operative physiotherapy management of a Total Hip Replacement.  Short form liability report completed.
  • Patient B v NHS Trust Breach of duty of care claim following surgical intervention with subsequent post operative complications. Musculoskeletal assessment and prognosis report with recommendations completed.
  • Patient C v NHS Trust  In-patient Orthopaedic Physiotherapist Breach of Duty of care claim following a fall during a physiotherapy session. Short form liability report and joint expert witness discussions and reports completed.
  • Patient D v NHS Trust Hydrotherapy Physiotherapy Department – Breach of duty of care/negligence claim following a poolside fall. Short form Liability report completed.
  • Patient E v NHS Trust – Negligence claim in tumor misdiagnosis and subsequent delayed referral for specialist opinion and treatment. Short form Liability report completed.

Screening reports

  • Private patient v Private Chartered Physiotherapist – Screening Report on breach of duty in respect of the standard of Physiotherapy care for a low back pain claim.
  • NHS patient v NHS Chartered Physiotherapist – Musculoskeletal outpatients – Screening Report on breach of duty in respect of the standard of care provided in relation to a calf pain and DVT diagnosis.
  • NHS patient v NHS Chartered Physiotherapist – Screening Report on allegations of negligence and breach of duty stemming from suggested failure of the treating physiotherapist to refer to the Orthopaedic Deptartment when physio failed to ease the shoulder pain.
  • NHS patient v NHS Chartered Physiotherapist – Report for the NHSR to respond to the letter of claim on allegations of a failure of a Physiotherapist to make immediate referral to Orthopaedics in the light of symptoms of Cauda Equina.
  • NHS patient v NHS Chartered Physiotherapist – Report for the Claimant regarding whether treatment was given in accordance with good practice and whether any particular acts or omissions of the treating practitioners fell below a level of reasonable care with respect to a left knee injury.
  • NHS patient v NHS Trust / Chartered Physiotherapist – Independent expert report for the Claimant to consider breach of duty in requiring the Claimant to carry out a specific exercise from which she fell causing a wrist injury.

Preliminary advice

  • Premiere League footballer v Premier League football club – Preliminary advice on a letter of response and defence of a claim regarding physiotherapy treatment of a compartment syndrome.
  • Private patient v Private Chartered Physiotherapist – Preliminary views on breach of duty in respect of the standard of Physiotherapy care provided to the patient during acupuncture / dry needling treatment which allegedly resulted in the claimant sustaining a collapsed lung.
  • Preliminary advice and a letter of response regarding possible breach of duty of care in post operative physiotherapy management following orthopaedic surgery.
  • Amateur Footballer v Sports Therapist – an overview report on liability, commenting upon the standard of treatment and management given to the Claimant and the advice to return to training before the results of an MRI were confirmed for a knee injury.