Kashmir Uppal

Partner

Medical Negligence


I am a partner working in the clinical negligence department.
kashmir uppal medical negligence solicitor

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

I am described by Chambers as a well-regarded practitioner with a broad practice and particular experience with multiparty actions and cases involving rogue surgeons. Sources say: ‘she is tireless, incredibly patient and pretty unflappable’ and, according to the other leading guide to law firms, the Legal 500, 'handles pressure effortlessly'.

I was delighted to win the accolade of ‘Partner of the Year’ at the Birmingham Law Society Awards 2018, beating off competition from several big name firms, in part in recognition of my work on behalf of patients injured by rogue breast surgeon Mr Ian Paterson.

I have been a member of the Law Society’s specialist clinical panel since 2004, having specialised in clinical negligence since 1996.

Most of my clients have suffered significant and serious injuries and my 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 I have worked on a range of complex cases including amputations, spinal cord, head injuries and fatalities, securing significant compensation.

My particular expertise is 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. I was involved in the criminal and regulatory proceedings that led to his conviction and being struck off the GMC register and pivotal to raising the profile of the issue including campaigning to secure a change in the law to protect patients treated in private hospitals.

Work highlights

Example one

Representing hundreds of women and men who were the victims of Mr Paterson’s clinical negligence, either as a result of undergoing a cleavage sparing mastectomy, or an unnecessary procedure in the private sector.

Example two

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.

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.

Example three

Acting 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 GPs 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 significant figure and required Court approval to protect the deceased’s infant children.

Example four

Acting 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 that 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.

 

Testimonials

'I was very grateful for the advice from Kashmir and her swift action on my behalf as I was late applying for compensation.'  Mrs H

'I actually found Kashmir Uppal through a newspaper article, she was an authority on the specific case for my mother. Kashmir and her firm gave us very concise legal advice and always kept us up to date with the progress right through to the successful outcome. I would recommend Kashmir and her firm to anyway he who wants advice on medical negligence.' Mr H L

 

Outside of work, I operate a taxi service for my three children and sometimes find my way to the gym!

 

Kashmir Uppal's insights