Stuart McCracken

Call 2010

"Stuart is excellent on papers and available for ad hoc advice. He is always very well-prepared for conferences with clients and experts, and he is a good negotiator."

The Legal 500 2024
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

Y v Z NHS Trust (2023) – Stuart acted for the claimant, who suffered injury when her broken ankle was negligently fixed by the defendant Trust.  As a result she would require fusion surgery and orthotics in the future.  The nature and extent of the claimant’s disability, her future career path, and whether an Ogden loss of earnings calculation was appropriate, were all in dispute.  The claim settled at JSM for £500,000.

B v W NHS Trust (2022) – the Claimant suffered a dislocated knee following total knee replacement surgery, resulting in further surgery and conversion to a hinge joint.  Liability was denied and causation of her ongoing neuropathic symptoms was also in issue.  Stuart advised in conference with the orthopaedic and neurological experts, and, following a successful (opposed) application to amend the Particulars of Claim, secured an advantageous settlement at JSM.

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.