The most specialised claimant clinical negligence advocate in Scotland.Clinical Negligence, Chambers & Partners
Lauren Sutherland QC called to the bar in 1996 and took silk in 2016. Prior to calling to the Bar she was a Solicitor in private practice specialising in Personal Injury and Medical Negligence work. As a Solicitor she worked for both claimants and defending claims. Since calling to the Bar she has specialised in Clinical and Professional Negligence, Fatal Accident Inquiries, Personal Injury and Human Rights issues in Medical Law. In 2020 Lauren gained CEDR accreditation as a mediator.
Lauren runs a blog providing comment on legal cases in the area of clinical negligence and patient consent and can be viewed here.
Lauren Sutherland QC has advocacy experience gained over nearly 30 years both as a Solicitor in private practice and at the Bar. She has considerable experience in catastrophic injury cases and has a particular interest and expertise in cerebral palsy, cancer and brain injury cases. As a Solicitor she gained experience in the area of nursing practice and this continued when she called to the bar and she had responsibility to oversee the nursing section in the Vale of Leven Public Inquiry. She has also considerable experience in the area of Solicitors professional negligence.
She is currently ranked in Chambers UK and the Legal 500 (Band 1) for Clinical Negligence. She has consistently been ranked band 1 for Clinical Negligence.
Chambers UK have said:
Strong silk who brings her skills to bear in the full array of clinical negligence and personal injury cases. She is adept at navigating complex causation and quantum issues and is especially knowledgeable about claims relating to cerebral palsy, brain injuries and fatal incidents. Instructing solicitors frequently praise her for her medical knowledge. (Chambers 2021)
“Excellent on her feet and very well prepared.” (Chambers 2021)
“She is pragmatic, great at managing expectations and very practical.” (Chambers 2021)
“She has an apparently inexhaustible energy to prepare and argue some of the most ground-breaking cases”, “A highly regarded and experienced advocate recognised for her personal injury and medical negligence experience” (Chambers 2020)
“She is absolutely superb, and she fights a client’s corner pretty fiercely… hugely knowledgeable and really applies herself“.
In the 2016 edition she is described as “Deeply knowledgeable in medical negligence matters. I don’t think you could find a more committed advocate to medical negligence cases.” “She’s a real leader in this field; the most specialised claimant clinical negligence advocate in Scotland“.
In 2017 Chambers say of her “Her knowledge of the legal and medical aspects of the cases she handles is phenomenal” “Absolutely superb at medical negligence cases. She goes the extra mile to understand the expert knowledge.”
Lauren was junior counsel in the landmark case on Consent to medical treatment – Montgomery v Lanarkshire Health Board  UKSC 11. She presented the first argument for the claimant in the Scottish Inner House and was part of the team who conducted the case in the UK Supreme Court. This case was instrumental in changing the approach to consent in the UK and has been described as one of the most significant clinical negligence cases in recent years. Lauren has published a book on Consent post Montgomery available on Amazon (see Law Brief Publishing for details).
Lauren has been involved in a number of high profile Fatal Accident Inquiries, the Nimrod litigation and is currently involved in the Product litigation involving the use of TVT and mesh in gynaecological procedures and orthopaedic product litigation.
She was appointed by the Scottish Government as junior counsel to the Vale of Leven Hospital Inquiry in October 2009. The Inquiry had a wide remit to review deaths from C difficile infection. Her involvement required extensive knowledge of care of the elderly, nursing and medical practice, and infection control in hospital.
She was invited to participate in the review panel Chaired by Professor S McLean on the issue of introduction of no fault compensation in Scotland.
Lauren was a key speaker at the Association of Breast Surgery Conference on 13th May 2019 at the SEC Glasgow where she lead the Medico-Legal case discussion on consent and practical case studies on issues of patient consent confidentiality.
In 2020 Lauren was appointed Head of Medical Negligence at PEOPIL (Pan European Organisation of Personal Injury Lawyers).
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