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Richard Malloy

Head of Clinical Negligence

Contact info

Liverpool Penny Lane

Richard joined Gregory Abrams Davidson in 2007 and since that time has specialised in representing clients who have suffered avoidable harm in healthcare. This has included hundreds of successful cases brought against hospitals (both NHS and Private), Dentists, General Practitioners and Opticians.

Richard understands that very often clients are primarily seeking answers both in regards to what has happened to them or their loved ones and in terms of what the future holds due to their often life-changing injuries.

In addition to individual cases, Richard successfully represented clients who had suffered injuries arising from the treatment provided by Dr George Rowlands, uro-gynaecologist including due to misdiagnosis, unnecessary and/or incorrect treatment and a failure to provide adequate aftercare.

As well as his medical negligence work Richard has also been instructed in a significant number of high profile medical product group litigations concerning failed metal on metal implants.

For new enquiries please contact Richard on 0151 522 5781.

Practice Areas

Qualifications

  • LLB Honours
  • Post Graduate Diploma in Legal Practice Course

Interests

Outside of work Richard is kept busy by his children but is also a keen runner and recently completed the Chester and Belfast marathons.

Case Studies

XY v Betsi Cadwaladr University Health Board

Richard’s client was suffering from ulcerative colitis and was admitted to Ysbyty Gwynedd Hospital (Bangor) as an emergency admission. Failures in respect of surgical planning resulted in significant internal injuries.

The client suffered catastrophic life changing injuries impacting on her ability to work and necessitating support and adaptations to her home. She was later devastated to learn that the internal injuries had left her infertile.

Richard investigated both UK and Foreign Surrogacies options so that she could have the family she had always intended. Interim payments from the Defendant were arranged and the client embarked on a surrogacy arrangement in California resulting in the birth of her first child. Of particular note were the substantial and often unexpected costs associated with the surrogacy journey including but not limited to surrogacy agency fees, medical treatment, hospital expenses, insurance (health and travel), US legal fees, UK legal fees, immigration expenses and flights and accommodation.

The surrogacy journey took approximately 2 years commencing with treatment in a UK clinic and an initial short visit to the US, followed by 3 months in California for the birth of her child and finally concluding with a Hearing at the High Court for parental responsibility. The total cost of the surrogacy journey was approximately £300,000. Having successfully completed the process that figure was able to be utilised for future surrogacy costs.

Following negotiation the claim settled in the sum of £2.75 million.

B v Wirral University Teaching Hospitals NHS Trust

A claim for damages arising from a delay in diagnosis of cervical cancer. Initially Richard was instructed to consider a case against the client’s GP for delay in referral, but following investigations, expert evidence from a histopathologist was obtained which identified the client’s cervical smears had been reported incorrectly by the Defendant Trust. By the time the cancer was diagnosed the client had a 5cm tumour of the uterine cervix. Our client required radiotherapy and chemotherapy and the treatment resulted in the premature onset of the menopause and consequent infertility. Owing to physical and psychological problems our client was unable to return to work on a full-time basis. Richard obtained admissions and substantial damages which included compensation for her injuries, her future loss of earnings and future treatment costs.

F v Lancashire Teaching Hospitals NHS Trust: Richard secured a settlement of £700,000 for an elderly client who had lost his sight due to an alleged delay in diagnosing thyroid eye disease for which it was eventually accepted that urgent treatment was required. The settlement monies enabled our client to purchase a new house, pay for house adaptations, fund future care and purchase necessary aids and equipment.

M v East Cheshire NHS Trust

A tragic case concerning the death of the Claimant’s 18 year old daughter whilst under the care of the Defendant Trust from viral encephalitis. Whilst admissions in regards to multiple failures were secured from the Trust, it was not possible to prove to the required standard that absent those failures the Claimant’s daughter would have survived. It was ultimately accepted however that her pain and suffering would have been substantially reduced over a 24 hour period and the primary case settled for a nominal sum together with an apology provided by the Trust. Thereafter Richard vigorously pursued a claim for psychiatric injury and/or nervous shock on behalf of the Claimant’s mother based on the events she had witnessed and in particular the manner of her daughter’s death. This was a complex claim given that the Claimant’s daughter would have died irrespective of the Defendants actions and/or omissions. Whilst the Defendant argued that the Claimant did not meet the strict criteria required for recovery of damages as a secondary victim Richard secured a mediation with the defendant Trust whereby the claim ultimately settled for damages in excess of £100,000

P v Southport & Ormskirk Hospital NHS Trust:

Richard secured substantial damages for a young man who sustained a fractured wrist which the hospital failed to initially diagnose. Despite surgery it was concluded that the wrist was unlikely to fully recover and a wrist fusion would eventually be required. The injury had a profound effect upon the client who was a bricklayer by trade and thus the injury had an effect upon his ability to work.

T v Royal Liverpool and Broadgreen University Hospitals NHS Trust:

 Richard represented the estate of lady who had acquired a pressure sore whilst under the care of the Defendant Trust. The pressure sore became infected and the Claimant sadly died of septicaemia. Richard secured an admission of liability from the Trust and damages were recovered for the deceased’s pain and suffering and additionally a substantial payment to rfelct her daughters financial dependency on her mother..

J v N: A claim for injuries and losses sustained as a result of dental negligence. Our client developed problems as a result of a poorly fitted dental bridge. As a consequence of the bridge our client lost 5 teeth and required substantial restorative treatment. Richard secured a settlement of £36,500 which included monies to pay for the restorative dental treatment.

Interests

Outside of work Richard is kept busy by his children but is also a keen runner and recently completed the Liverpool half marathon.

 

Whilst our solicitors are based in one location, we are always happy to try to make an appointment to meet you in any of our office locations, if this is more convenient for you.

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