How can I help you?
I joined Tees as an Associate in November 2020, having previously spent over thirteen years at another leading regional practice followed by a role as Head of Department in a London firm. I originally qualified as a Legal Executive before going on to qualify as a Solicitor, and have specialised in clinical negligence since 2007.
Delivering what you really need
I have dealt with a wide range of multi-track medical negligence cases over the years, including orthopaedic injuries, complex bowel perforation cases, ophthalmic cases, fatal claims, delayed cancer diagnosis and cases involving Cauda Equina Syndrome. Many of my recent cases have been pleaded at seven-figure sums, and I have prepared several claims for trial.
I care passionately about this area of work and feel particularly grateful to be able to assist my clients achieve justice during what is often a very difficult time in their lives. Whilst exceptional legal knowledge is a key quality for any clinical negligence lawyer, I believe the ability to empathise and connect with people is equally important. In fatal cases for example, the financial value of the claim is often relatively minimal compared to the importance to the family of finding out what happened to their loved one and the lessons that can be learned to prevent a recurrence. With the proposed changes to litigation funding on the horizon I fear it may become increasingly difficult for firms to take these cases on, and think it is vital we as lawyers do whatever we can to ensure everyone can continue to access our services.
Some of my notable recent cases include;
- A six-figure settlement in a very sad, complex case arising from the death of a young mother following bariatric surgery. I acted for the mother of the deceased, who was a pensioner and had assumed responsibility for her orphaned granddaughter, and reached a settlement to provide future financial security for both of them. This was a complex case as the Defendant disputed liability throughout the litigation, notwithstanding the fact that the surgeon involved had been struck off during the process as a result of this death (and a number of other fatalities)
- A post-issue settlement of a tragic case, about which I felt particularly passionate, arising from the death of my clients’ baby son. I was originally instructed by my clients to assist them with the Inquest into their son's death, and the clinical negligence claim arising from that event thereafter, which was successful despite including secondary psychiatric victim claims on behalf of the parents at a time when such claims were being vigorously defended by the NHS
- A six-figure settlement in a claim arising from a delayed diagnosis of throat cancer. My client was left with significant post-operative problems, including a defect in his palate that gave him difficulty eating and drinking as food and liquids regurgitated back out of his mouth and nose. In addition, he was suffering from the psychological effects of these events. This was an interesting case that, for tactical reasons, I quantified on the basis of the Defendant’s expert evidence as opposed to the Claimant’s own
- Complicated litigation resulting from an emergency splenectomy, which I settled the week before a six-day Trial listed at the Royal Courts of Justice in London, involving experts in four separate medical disciplines
What do others say
I have been listed as a Key Lawyer in the Legal 500 Directory in recent years, and it was noted “Clients recommend………. 'determined litigator' James Sherwin". I have been described as "a very determined litigator who obtains good results in difficult cases", with clients adding "He is easy to understand and makes the whole thing simple". I was also listed in the Chambers & Partners Directory as "a real fighter for his clients and a calm head in any circumstance," and "a lawyer you want in your corner”.
What else you should know
I am an accredited member of the Law Society Clinical Negligence Panel and have APIL Senior Litigator status.
In addition to my day job I am a Student Mentor for Professional Skills at De Montfort University, and am involved with various other projects that include giving seminars at schools, colleges and universities in London and the South East, running career advice sessions and so on. I have also given lectures at medico-legal events such as the Royal College of Ophthalmologists Annual Congress.
Outside of work, I live in Harlow with my wife Roxanne and our ragdoll cat Lola, am a long-suffering Spurs supporter and boxing fan, and have been in various bands over the years – I am in the process of starting up a new project so hope to be back on stage in the near future.