Stuart McCracken

Call 2010

mccracken@exchangechambers.co.uk

Photo of Stuart McCracken

Clinical Negligence

Stuart has a significant clinical negligence practice, regularly conducting conferences with a wide range of experts, drafting pleadings, and advising on settlement, including at JSM. His wide-ranging practice covers negligent knee and wrist surgery, negligent dental care, failures to diagnose and errors in post-operative care.

He has also been instructed in Fatal Accident Act cases, failure to obtain informed consent and provision of unnecessary treatment. He often acts in cases pleaded in excess of £200,000.

Stuart is keen to be involved in cases from an early stage, and is happy to provide informal advice and assist with the instruction of experts. He prides himself on his ability to develop strong relationships with his instructing solicitors and clients. He acts in a sensitive but forthright manner, drawing from his experience prior to the Bar when he worked in Parliament for the All-Party Parliamentary Group on Extraordinary Rendition dealing with cases with human rights implications.

Clinical Negligence Cases

D v Y NHS Trust (2021) – Stuart represented the claimant following negligent knee surgery. Breach of duty was admitted but the causation of future deterioration was in dispute. He carefully tested the expert evidence on the key issues, including the risks of future degeneration, resulting in a good settlement for the claimant.

C v X NHS Trust (2020) – this was a case involving a complex wrist fracture, with allegations including inappropriate conservative treatment and subsequent negligent surgery. Liability was wholly contested throughout. Stuart was instructed from the outset, advising in conference with the expert, drafting pleadings and agenda, and ultimately securing a settlement at JSM.