He is an incredibly accomplished performer in court.Clinical Negligence, Chambers & Partners
David Stephenson QC has particular interests in medical and insurance law.
David has acted for NHS bodies and medical defence unions for more than twenty-five years and has extensive experience of clinical malpractice actions in general and high value obstetric actions in particular. He is recommended by both The Legal 500 and Chambers & Partners in connection with medical negligence. David has appeared in medical Fatal Accident Inquiries. He has ‘prosecuted’ in an NHS disciplinary case, has chaired an NHS Classification Committee in respect of a disciplinary matter and an Annex C professional competency panel. He has acted as Chair of a panel appointed by the Scottish Ministers to consider and determine disputes regarding general medical services contracts. He has acted as curator ad litem for a patient said to be in a Persistent Vegetative State and regularly advises on end of life decisions and consent to treatment. He has acted for Health Boards in the recovery of sums claimed fraudulently from the NHS. He has advised in connection with pharmaceutical services regulation, disputes arising from NHS service provision including arrangements for the out-of-hours service, contractual arrangements between Health Boards and GP primary care providers, fertility treatment, patient record confidentiality and doctor/patient confidentiality. He has given advice on proposed legislation by the Scottish Government impacting on medico-legal matters. He is involved in the trans-vaginal “mesh” cases.
David also acts on a regular basis for insurance companies. He advises on issues arising from the existence and scope of policy cover. He acts for insurers in respect of the recovery of sums expended in indemnifying against insured risks including property and other damage. Cases have involved the consequences of under declaration of business turnover at annual renewal, double insurance, the exclusion of public liability cover for biological hazard exclusion clauses, cover for hazardous waste disposal, structural damage to adjacent buildings caused by construction works, fire damage caused by hot works, the extent of cover for asbestos-related disease, material non-disclosure, fraudulent devices, and alleged arson by the insured.
Chambers & Partners, 2013/14, “He often acts in complex and high-value claims, and receives regular instructions from the NHS Scotland Central Legal Office and the Medical & Dental Defence Union of Scotland. Expertise: “He is well known as a robust litigator.” “He is very clued up on complex medical issues and tricky causation.”
Chambers & Partners 2014/15. Expertise: “He is an incredibly accomplished performer in court.” “He is one of the senior counsel at the Scottish Bar with the most experience of medical negligence work.”
Chambers & Partners 2016/17. “A formidable opponent on the medical negligence defence side, who frequently receives instructions from a range of health boards.”
Legal 500 2016/17. “He provides excellent written advice on unusual legal/medical queries.”
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- Mesh debate judgment clarifies the scope of Montgomery ruling4 June, 2018
- Montgomery decision under the spotlight14 March, 2018