Rachel Segal - Clinical Negligence

Rachel is recognised as a leading junior in clinical negligence (The Legal 500). She enjoys working across the spectrum of medical law for both claimants and defendants and is particularly sought after for cases involving delayed diagnosis and treatment of cancers (primary and metastatic disease), colorectal and gastrointestinal surgery and obstetrics/gynaecology. She has a special interest in breast cancer cases.

Examples of Rachel’s recent cases include:

Oncology:

• Extravasation injury during chemotherapy.
• Delayed diagnosis of recurrent prostate cancer and metastatic disease in the pelvis and spine.
• Delayed diagnosis of colorectal cancer leading to hemicolectomy and multiple organ failure.
• Mistaken diagnosis of breast cancer leading to unnecessary surgery and lymph node excision with significant psychiatric harm.
• Delayed diagnosis and negligent treatment of HER-2 positive breast cancer; avoidable mastectomy and psychiatric injury. Significant loss of earnings and lost years claim.
• Delayed diagnosis and negligent post-surgical adjuvant treatment of oestrogen-positive, HER-2 negative breast cancer.  Six figure future losses.
• Alleged delayed diagnosis of osteosarcoma resulting in limb amputation. Prosthetics, complex rehabilitation, care, accommodation, substantial loss of earnings.
• Negligent radiological analysis and reporting of bone cancers and metastatic disease.
• Delayed diagnosis of colorectal adenocarcinoma. Reduction in life expectancy.
• Failure to treat caecal polyp in elderly man with a history of colorectal cancer leading to advancement of recurrent cancer and metastatic disease with reduced life expectancy.
• Delayed diagnosis of bladder cancer leading to metastatic disease, permanent gynae-urological damage and psychiatric injury.
• Delayed diagnosis of recurrent throat cancer and metastatic disease, leading to fatal bleed.

Orthopaedics:

• Negligent L-IV/V laminectomy.
• Negligent hip replacement surgery leading to leg asymmetry.
• Failure to diagnose shoulder subluxation in a cyclist following RTA, leading to permanent disfigurement and restricted shoulder movement. High six-figure future loss of earnings claim.

Ophthalmology:

• Negligent management of keratoconus in a young woman with permanent damage to vision and otherwise avoidable transplant surgery.
• A consent dispute involving poor corneal transplant outcomes in a patient with Fuchs Endothelial Dystrophy.

General/GI surgery

• Duodenal injury in the context of open cholecystectomy.
• Negligent bile duct injury during laparoscopic cholecystectomy.
• Avoidable multiple organ failure in negligent hemicolectomy; substantial loss of earnings claim.
• Unnecessary rectopexy for chronic anismus.
• Negligent hemicolectomy with ischaemic bowel and kidney damage.

Cardiology:

• Failure to diagnose atrial fibrillation.
• Failure to diagnose a substantial atrial septal defect in an 9-month infant.
• Negligent elective percutaneous coronary intervention for coronary artery occlusion leading to periocardiocentesis.

General Practice:

• Failure to diagnose DVT leading to pulmonary embolism and stroke.
• Delayed diagnosis of Diabetes Mellitus leading to glaucoma, to acute peripheral neuropathy, and to limb amputation.
• GPs’ failure to follow up on abnormal imaging leading to delayed diagnosis of metastatic breast and skin cancer in the lungs.
• Failure to recognise atrial fibrillation/refer to cardiology.
• Delayed referral for gastroenterology, urology, gynaecology, haematology, cardiology.
• Negligent failure to treat type 1 diabetes.
• Failure to advise patient of correct dosage of self-administered anti-coagulation medication; contributory negligence in alcohol dependent claimant.
• Failure to manage anti-coagulation in claimant with mitral valve replacement, hypertension and diabetes.

Geriatrics:

• Negligent care of elderly high-falls-risk patients and of patients with vascular dementia.
• Negligent care of elderly inpatients resulting in fractures of the pelvis and hips.

Cosmetic Procedures:

• Allegations of negligent cosmetic procedures involving high-intensity lasers, including laser hair removal and skin treatments.
• Negligent Vaser liposuction and thigh lift procedure; consent issues.
• Negligent Vaser liposuction of abdominal area.

ENT:

• Delayed diagnosis of cholesteatoma resulting in hearing loss.
• Negligent microsuction causing perforation of the ear drum and tinnitus.

Dentistry:

• Failure to diagnose oral cancer, including squamous cell carcinoma.
• Negligent treatment of young child following RTA leading to bone loss, tooth loss and substantial future orthodontics, including bone grafts and implants.
• Negligent failure to ensure child had completed RCT prior to undergoing rapid orthodontics following a playground accident, leading to bone loss, bone grafts, implants and bridges.
• Failure to diagnose/treat gross caries and dental abscesses in prison inmate.
• Claims involving negligent root canal therapy and unnecessary extractions.

Obstetrics/midwifery:

• Avoidable stillbirth of a first child, causing physical and significant psychiatric injury to the mother (and affecting future pregnancies).
• Neonatal deaths
• Birth injury cases
• Settlement for a child claimant sustaining injury and permanent scarring due to negligent amniohook usage.