We come across a huge number of medical / clinical negligence cases everyday, whether this is an injury at birth, delayed diagnosis of cancer, misdiagnosis, cosmetic surgery, dental claims or other medical injuries.
Ranked number 1 by Chambers and the Legal 500 for medical negligence, our team is made up of specialist lawyers, accredited by the Law Society of Scotland and the Association of Personal Injury Lawyers.
Senior AssociateMichaela Guthrie
Senior AssociateCarolyn Jackson
Senior AssociateAdelle Walker
Senior AssociatePeter Littlefair
We are recognised for our expertise and the results we achieve for our clients. We understand how emotionally and physically distressing this time is for our clients. We are respected for our sensitive and personal approach and treat each case individually and in the strictest confidence.
We have been instructed in high profile cases, some of which have changed the law in the process. Crucially, we represented the Pursuer in the case Montgomery v Lanarkshire Health Board, which went all the way to the UK Supreme Court. This case transformed the law on consent and puts the patient and their individual wishes at the front and centre of medical decision making.
Our solicitors sit on various court and government committees and are involved in decision making as to industry wide protocols. Our team also regularly deliver training sessions to doctors in relation to their professional and legal duties.
We have adopted the Pre-Action Protocol for cases involving medical negligence to assist with the efficient running of cases.
Although our offices remain closed to the public, our team are still working remotely and accepting new cases. We are able to conduct virtual meetings to ensure the safety of clients and staff.
We offer access to a range of funding options, including Legal Aid and ‘no-win, no-fee’ arrangements. As funding is so dependent on your personal circumstances, we will explore all applicable funding options with you.
We raise and manage cases in both the Court of Session and the All-Scotland Personal Injury Court. We would be happy to assist you in the management of your case. We offer a range of services to law firms outwith Edinburgh, from a simple postbox-type service to a comprehensive service where we put in place appropriate funding, identify and instruct experts and progress the claim through the court process, while you manage the day-to-day client work.
Balfour+Manson are not only medical negligence experts. Our firm offers a range of services in-house to assist you, during the course of your claim and even once your claim is at an end.
We have experience in setting up Periodical Payment Agreements for clients with lifelong and complex needs as a result of medical negligence. These Agreements allow for an upfront sum, with annual payments for life, to ensure you are financially secure. We recently settled a birth injury case for a 7 figure initial lump sum, plus annual payments for care costs for the child’s lifetime, equivalent to over £30million.
Our Private Client team can assist you in obtaining Guardianship orders, setting up Personal Injury Trusts to protect your damages payments, and preparing Wills and Powers of Attorney. We can help safeguard the damages you receive and protect you for the future.
Our Property Team can assist you in selling your current property and purchasing one which is more suitable. Balfour+Manson also has a dedicated Client Welfare team which can assist you with putting your affairs in order.
We have contacts who are well-respected in the care, rehabilitation and financial planning fields, ensuring that you receive the help and support you require for as long as you need it.
James Hyams, Carolyn Jackson, and Peter Littlefair took up their new positions - in the private client, clinical negligence, and personal injury teams respectively - from 1st July.
Balfour+Manson senior associate Michaela Guthrie has gained a Law Society of Scotland accreditation in medical negligence law.
When weighing up the evidential strength of medical records, lawyers often say that if it wasn’t written down, it didn’t happen...