Directories
Chambers and Partners 2009
Also recommended, David Thomas has clients flocking to Rougemont Chambers. An expert on asbestos and other complex medical issue work, he is "a man who gets results."
Legal 500 2009
Dr David Thomas is "recommended for cases with a high medical component"
Legal 500 2010
Dr David Thomas is "recommended for complex medico-legal cases"
Legal 500 - 2011
Dr David Thomas "handles personal injury, clinical negligence and shaken baby syndrome cases"
Personal Injury
I am the head of the Personal Injury and Clinical Negligence team at Rougemont Chambers. My personal injury practice is split between Claimant and Defendant work and I undertake appropriate cases on a conditional fee basis. The majority of the personal injury work involves cases of employer's liability and including cases with severe injury including head injury. I have experience in working with various public bodies, local authorities and government departments and my practice covers both England and Wales.
I am frequently instructed on claims in excess of £500,000 and involving multiple experts.
Iqbal v Babu Brothers - (Central London County Court) successfully defended claim brought by the Claimant for near total loss of his non-dominant hand at the age of 19 years. The Claimant alleged that the injury had occurred while being employed by the Defendant. No such relationship existed and the claim was dismissed.
French v Sidmouth Sailing Club - instructed on behalf of a claimant how had sustained a serious head injury with frontal lobe injury, change of personality and disordered executive function. Primary liability was admitted and matter settled at joint settlement meeting in 6 figure sum.
Jones v A Firm - ongoing claim in professional negligence arising out of the conduct of a claim in personal injury where the claimant had originally been advised to settle claim at a significant undervaluation. The Claimant had suffered severe skeletal and head injuries, post traumatic epilepsy and psychological injury including very severe PTSD.
Clinical Negligence
My practice is primarily Claimant based and involves a range of medical specialties. I am regularly instructed on claims related to cardiology and cardiac surgery in addition to general medicine and medical sub-specialties. I also undertake cases in relation to surgery and obstetrics. As with personal injury I am frequently involved and instructed in claims of significant value and complexity.
R v C - instructed on behalf of a Claimant who was an elderly man with a missed diagnosis of giant cell arteritis. Unfortunately as a result of the failure to recognise the significance of the presenting complaint and the associated investigations the Claimant was rendered totally blind. At joint settlement meeting the Claimant obtained over £400,000 in damages.
W v Royal Cornwall Hospitals NHS Trust
Instructed on behalf of a young female claimant who was admitted with abdominal pain. The diagnosis of appendicitis was missed and the Claimant was therefore managed conservatively for a number of days before undergoing laparotomy at which a large pelvic abscess was identified involving one ovary and both fallopian tubes. The claimant was rendered infertile as a result.
D v Royal Devon & Exeter Hospitals NHS Foundation Trust
Instructed on behalf of the estate of D who died as a result of a failure on the part of the Defendant Trust to properly monitor and treat a pre-malignant condition of the oesophagus. Had the matter been managed in a reasonable manner it was accepted that D would have had a curative procedure.
Shaken Baby Syndrome/Inflicted Infant Head Injury
R v Wray & Al Alas
6 week trial led by Sally O'Neill QC at the Old Bailey in which both Defendants were accused or murder and/or causing/allowing the death of their 4 month old son.
The infant had skeletal fractures, retinal haemorrhages and thin film sub-dural haemorrhage associated with encephalopathy.
The mother was later found to have vitamin D deficiency and the infant had congenital rickets. The case involved considerable medical evidence with reports and witness evidence from 14 experts along with treating clinicians.
The Defendants were acquitted on the direction of the trial judge when the prosecution withdrew murder and offered no evidence and the Judge withdrew the remainder of the indictment after successful submissions as to no case to answer as the prosecution could not prove that a violent act had been inflicted and that one or other parent knew of such an act.
The case has serious implications in relation to vitamin D deficiency within the female population and the failure of the medical profession to implement government guidance on vitamin D supplementation in lactating mothers.
I have been instructed on a regular basis since 2004 on cases involving shaken baby syndrome. I have been instructed to act both as single counsel and on a number of occasions as junior counsel. I have conducted matters both in the County and High Court in relation to this type of matter.
I have experience of representing parents and the guardian in such cases. I have also been instructed as junior cases involving shaken baby syndrome in the Court of Appeal and I am currently instructed as junior counsel in a matter where the father and mother have both been charged with murder.
Other relevant experience
Prior becoming a barrister I was in medical practice and had been employed as a Consultant Cardiologist
Professional Memberships
Fellow of the Royal Society of Medicine
Personal Injury Bar Association
Professional Negligence Bar Association
Western Circuit
Articles
Personal Injury Law Journal
Anatomy and Physiology of Injury Oct/Nov 2009
Healing of Fractures Dec/Jan 2009 - 2010
Medical Experts and VAT Liability - Journal of the Expert Witness Institute Nov 2006
Outside Interests
Hill walking, sailing and photography. | 