Paul Kirtley

Call 1982

"Paul demonstrates an immediate grasp of the issues in a case. He combines strategic and tactical awareness with great client care."

The Legal 500 2024
Photo of Paul Kirtley

Clinical Negligence

Considered as one of the leading civil practitioners on the North Eastern Circuit, Paul’s clinical negligence practice encompasses hospital, GP and health practitioner claims, birth-related injuries and surgical.

Approachable yet analytical, Paul is well known for his friendly and collaborative manner. His effective advocacy style has translated well to the area of Joint Settlement Meetings and negotiated settlements and he has a proven track record in achieving excellent outcomes for his clients.

Often engaged as a senior junior leading more junior counsel in complex claims, he is described as “streets ahead of a number of silks” by one of his instructing solicitors.

Paul demonstrates excellent communication with the experts in the case, his approach often unlocking apparent difficulties in the evidence and resulting in clarity of exposition which proves effective and persuasive.

An accredited mediator with over ten years’ experience, Paul has successfully developed the use of mediation and ADR in appropriate clinical negligence cases.  Renowned for his personable and down to earth manner, he has the ability to communicate effectively with both the legal and lay parties.  His judicial experience sitting as a Recorder augments both his analytical and facilitative approach.

Paul provides in-house training and other training events to solicitors and other organisations, attracting Solicitors Regulation Authority (SRA) CPD accreditation.

Clinical Negligence Cases

Acting for claimant – Case of delayed diagnosis which could have led to paralysis. The client retained the use of limbs but was in constant pain, and mobility issues meant single-level living was needed. Settled for £2.65m.

Acting for claimant – Cauda equina pain brought on by non-actions of GP. Client left with mobility issues as a result. Complicated case due to damages being difficult to measure. Settled by way of mediation for £0.85 million.

Acting for Claimant in orthopaedic claim with complex causation issues relating to myositis ossificans. A week-long trial led to a successful outcome.

A claimant with Russell-Silver Syndrome undergoing leg lengthening surgery – complex vascular issues occasional surgical amputation – careful analysis on expert vascular evidence led to the NHSLA reversing its entire reputation.

Challenging GI surgery – issues of nursing care and levels of observations – causation arguments evenly balanced but successfully concluded at JSM.

Gastric stapling surgery – infection control protocols – lead to multi-organ failure and Fatal Accident Act claim – early management of expert evidence proved decisive in establishing liability.

Bilateral bunion repair – challenged a failure to advise on risk of bilateral approach – Chester v Afshar style claim.

Neonatal management of sleeping mother / neonate suffocation – question of staffing levels to facilitate resuscitation on the postnatal ward – CP outcome.