Kashmir Uppal

Partner

Medical Negligence


Kashmir Uppal is a partner working in the clinical negligence department.
kashmir uppal medical negligence solicitor

Kashmir joined Access Legal in May 2016, having previously been a Partner and joint national lead for clinical negligence at Thompsons Solicitors, where she also ran the local team.

According to the leading guide to law firms, the legal 500, Kashmir “handles pressure effortlessly”.

She has been a member of the Law Society’s specialist clinical panel since 2004, having specialised in Clinical negligence since 1996.   She has gained a reputation within the industry for her excellent negotiating skills, commitment and determination as well as her attention to detail and empathy with clients.

Most of Kashmir’s clients have suffered significant and serious injuries and her extensive experience results in multi million pound settlements.  These cases include children and young adults who have suffered brain injury at the time of or shortly after birth.

In addition she has worked on a range of complex cases, including amputations, spinal cord, head injuries and fatalities, securing significant compensation.

Kashmir is also an expert in multi-party actions, having been the lead solicitor in the complex litigation arising from the surgical procedures performed by the disgraced breast surgeon, Mr Ian Paterson.  She has been closely involved in the criminal and regulatory proceedings that are ongoing and pivotal to raising the profile of the issue to include campaigning to secure a change in the law to protect patients treated in private hospitals.

She also has experience of product liability claims relating to PIP implants and metal on metal hip implants. One of the most unusual cases pursued, was a case against the Department of Health relating to the failure to withdraw the human growth hormone after it was known that there was a risk of developing the human form of mad cows disease.

Work Highlights

Example One - Representing a young adult who had suffered a significant brain injury at the time of his birth.  The family did not pursue the claim until a number of years after his birth, having been wrongly advised that the limitation period had expired on his third birthday and persuaded by the Hospital Trust that the events that occurred at the time of his birth were not responsible for his disability.  A number of years later, the family sought a second legal opinion and learnt that the limitation period did not run.

Some of the most important sections of the medical records had been destroyed, which meant the case had to be constructed by extrapolating backwards from the client’s condition at birth.

Liability was admitted but the case remained technically difficult due to disputes on the various heads of claim and the future losses as a result of the disparity of the parties’ experts’ views on life expectancy.  This issue was only resolved by jointly commissioning a report from the leading statistician on life expectancy (Professor Strauss who is based in the US), which exceeded the Defendant’s Paediatric Neurologist’s opinion.

The case also required detailed analysis of the breakdown of the settlement figure as the issue of which index to apply to periodical payments for future case and case management was being considered by the Courts at the time (Thompstone litigation).  Expert evidence from a number of financial experts including a labour economist were required.

Example TwoActed for the widow of a man in his early 40’s who died as a result of undiagnosed heart disease going back 20 years.   He ran a successful business which had won a tender with the local Council shortly before his death.

Liability was difficult due to the fact that he had been seen by a number of GP’s over the 20 year period, some of whom had pre-deceased the victim.

The value of the claim was also contested as it was disputed that the victim would have succeeded in meeting the terms of the awarded contract.  Expert evidence was required from a Forensic Accountant and an understanding of the company’s detailed accounts was required.  The claim settled for a very significant figure and required Court approval to protect the deceased’s infant children.

Example Three - Acted for a young man who suffered a below knee amputation as a result of a failure to diagnose carpal tunnel syndrome.

As a result of the amputation, the client was unable to continue with his degree and was therefore unable to follow his chosen career path.   He was a very active man and was frustrated by the limitations placed on him by the prosthetic leg that was at the point the best available in the private sector.   Settlement of his claim was therefore deferred (with a number of interim payments secured in the intervening period), until a “bionic” foot which was being trialled in the US, was approved for use in the UK.  The resulting prosthesis significantly improved his mobility allowing him to participate in various leisure and sporting activities, and the claim settled for a significantly higher amount due to the increased initial outlay and costs of replacement.

Outside of work, Kashmir is generally kept busy by her 3 children!

 

Kashmir Uppal's insights