In the latest of our Meet the Lawyer series, we learn more about Kelly Lloyd-Davies, senior associate at Slater and Gordon, about her experience in supporting clients after life-changing injury and illness, and her expertise in clinical negligence cases
Tell us about your experience to date
I obtained my Law (LL.B (Hons) Degree and completed the Legal Practice Course at The University of Glamorgan. At the time, Leo Abse & Cohen Solicitors offered a sponsorship award to the student who achieved the highest degree result in the year. I was fortunate to receive this sponsorship.
I secured a training contract with Leo Abse & Cohen Solicitors in 2003. I qualified as a solicitor in 2005 practicing Personal Injury law. I was made an associate in 2010 whilst I worked in the Serious Injuries Team. In 2015, Leo Abse & Cohen was taken over by Slater & Gordon Lawyers UK. I was given the opportunity to specialise in Clinical Negligence law in 2015 which I accepted and I became a senior associate and team leader in 2017 where on average, I managed (and continue to manage) a team of seven.
I have a vast amount of expertise when advising clients on a variety of cases, including birth injuries claims, spinal injury claims, delayed or missed diagnosis claims, negligent surgery, and treatment claims. The clients I represent include adults, adults with a disability, children, and bereaved families. I have had the privilege of working on high value, complicated cases playing a major part in getting those who suffer negligence the help and financial assistance they need.
What makes brain and spinal cord injury claims different to general personal injury claims?
Although any injury can be significant and serious and there are very many different types of serious injuries, it tends to be the brain and spinal cord injury claims which are generally of the greatest severity.
Most importantly, it is these injuries which are life-changing and which therefore, not surprisingly, attract a life changing level of damages. All clients deserve a high level of legal expertise and dedication to their claim, but these claims in particular are complex and require an understanding of the injury and its impact on the individual.
How important is it to appoint a lawyer with specialism in brain and spinal injury claims?
It is extremely important to have a lawyer with a specialism in brain and injury claims. These are very serious claims which frequently devastate lives, not only for the Claimant him/herself but also for their family. They require specialist consideration as to issues particularly of breach of duty and causation, requiring not only a good understanding of the law and practice governing these claims bur also a good working relationship with the eminent experts that are used in these types of cases.
It is important to appreciate that generally the parties on both sides are specialists in brain and spinal injury claims and accordingly if a Claimant has appointed a lawyer who is not a specialist, that will inevitably place the Claimant at a significant disadvantage.
Can you share an example of a particularly challenging case you have worked on, and how you overcame these challenges, to secure a positive outcome for the client?
A case which I have been involved in recently has involved multiple and serious issues of care in respect of a pregnancy sadly resulting ultimately in the birth of a baby with shoulder dystocia and having suffered severe damage to the brain. In addition, there were significant injuries to the Claimant’s mother through the birth process. The injuries have been devastating to the baby and the mother and have had had a significant impact upon other family members including siblings in view of the care needs which now have to be provided to the child.
The injuries arose regrettably as a result of a catalogue of failures. There were failures of consent which included failures to provide advice and options to the mother in respect of delivery – that is, whether there should be an induction or a planned Caesarean section. Either being much safer for both the baby and mother than any emergency delivery which may be undertaken as had to happen in the present case. There were failures in the monitoring of the growth of the foetus, failures to consider the risks associated with the pregnancy and its appropriate management, failures of the RCOG Guidelines, NHS England Guidance and NICE Guidelines as well as mismanagement of the final delivery.
The challenging nature of the case involved the multiple allegations, garnering the extensive expert evidence required to prove the breaches of duty and causation and the highly challenging issues which arise in respect of quantification of the claim including the provision of appropriate care and support, accommodation, occupational therapy, physiotherapy, speech and language therapy, assistive technology, transport and travelling provision, and dealing with the costs which will be associated with the Court of Protection and the management of the damages.
Although highly challenging, handling such a claim from my point of view is highly rewarding and I am very grateful of being fortunate enough to be working on behalf of those who find themselves in the gravest of situations.
Can and should a client change their lawyer if they are not happy with how the case is progressing?
The answer here is yes if following a review of the service provided and reasons for the dissatisfaction the client remains unhappy. Client satisfaction is very important to us at Slater and Gordon having said that often client dissatisfaction arises because of a lack of effective communication as between the Solicitor and the client, failure to explain the process and set realistic timescales at the outset often results in unreasonable expectations.
Clear advice and ongoing communication are key to ensuring that our clients understand the process and more importantly the timescales involved. Having said that, if a matter is clearly not progressing as it should and in accordance with the Lawyers own timescales with no dialogue and explanation, then the Client absolutely has the right to consider alternative representation. There is only one opportunity in respect of pursuing a case successfully. It simply is not acceptable, in my view, to risk that success of these complex important cases by retaining a Lawyer who is not focused on your matter.
What do you look for when appointing or working with members of an MDT?
The importance of the MDT in a clinical setting we know is key to the patient getting the right care at the right time and the MDT setting is all about communicating and sharing information then working together to achieve the best possible outcome. It’s a case of the right people with all of the required information all together in one meeting focused on one patient and this is vital in terms of provision of medical care.
In the legal context we too use an MDT approach to the support and rehabilitation of our clients. This consists of a team of Lawyer often Barrister, case manager, therapists, court of protection specialists with wrap around care and advice in relation to any other areas to support the client e.g. benefits advice . The MDT need to have the right experience of working with complex brain/spinal injury and be motivated and proactive in their aim to improve a client’s life.
How vital a role can the right MDT play in a client’s outcome?
The right MDT can be very important in terms of the client’s outcome. If the MDT is in place and working properly, some very important steps can be taken which include the early rehabilitation of the client. It also acts as a fact gatherer for the client’s future needs and ensures that we have a clear picture of what each individual client will require to be covered in any settlement to ensure that they live their best possible life.
Can you share a couple of your personal career highlights
I have had been fortunate to have many career highlights and making a significant change to my clients lives by obtaining settlement awards that they deserve has always been and always will be my ultimate goal and best highlights. In addition, I have found building and managing a team that deals with complex cases and watching that team grow and develop personally very rewarding and satisfying.
I always find it rewarding when I have been able to obtain reasonable settlement awards for my clients when dealing with challenging, complicated and sometimes virtually impossible cases where liability has been in issue. I have a high number of these types of cases but one that I have agreed a settlement recently in relation to liability related to a birth injury claim, where the client suffered cerebral palsy as a result of significant brain damage that was caused during his birth.
After what can only be described as a great battle in relation to this litigated case, we managed to agree liability on a 60:40 basis in favour of my client which has resulting in securing a substantial interim payment to enable him to make use of the MDT mentioned above. We have a Court of Protection Team on board together with a case manager and our client is already benefitting from therapies such as physiotherapy, occupational therapy, speech and language therapy and care and support. He is also benefitting from the use of assistive technology, transport and travelling provision. He will undoubtedly need to make use of statutory services given the liability split, but to witness how this successful outcome has impacted positively on our client’s mental wellbeing is truly amazing.
Another one of my challenging and complicated cases involves a client who has been diagnosed with Tardive Dyskinesia as a result of the prolonged use of taking the drug Metoclopramide. She has been left with a persisting and complex dyskinetic movement disorder which affects mainly the periocular muscles, the tongue, oropharynx and all four limbs. The condition was sufficiently disabling to warrant deep brain stimulation (DBS) treatment. Unfortunately, her overall neurological condition and the extend of her very substantial disabilities are likely to be permanent which makes this a high value claim.
All five GP defendants denied liability which resulted in court proceedings being brought against them all. Eventually, judgment was entered in respect of breach of duty post issue, but causation remained in issue which meant that extensive expert evidence was required to prove causation and the highly challenging issues which arise in respect of quantification of the claim including the provision of appropriate care and support, accommodation, occupational therapy, physiotherapy, speech and language therapy, assistive technology, transport and travelling provision.
We were able to secure interim payments to enable the client to change her accommodation, purchase a customised electric wheelchair and a customised bed that she needed. She is now able to benefit from physiotherapy treatment, speech and language therapy and dental treatment. She also has the benefit of using assistive technology, transport and travelling provision, which has made a significant difference to her quality of life.
Tell us a little about your life outside of work
Outside of work I spend the majority of my time with my family whom I adore. I enjoy spending time and socialising with my friends. I enjoy walking our family dog and walking in general. I considerable myself to be a positive, grounded, sociable person.
