Tozers Solicitors LLP

Medical Negligence

Clair qualified as a solicitor in 2001, and as a Partner in Tozers' Medical Negligence team, acts for people at all stages of their lives, from infants and children right through to those in retirement. She is focused on putting clients at ease, whilst developing a trusted, strong working relationship. Her particular expertise is in high value and complex neurological injury claims.

Clair is particularly strong at helping people get answers or find out what went wrong in their individual circumstances. She aims to make a real difference to people’s lives through securing damages and ultimately their future.

Recognised as a notable practitioner and ranked as a Band 2 for Clinical Negligence in the Chambers & Partners UK 2024 legal directory, with clients saying "She always keeps us up to date with emails and information, and she guides us to explain matters and terminology when needed. We always manage to overcome any issues that arise" and "Clair pulls all the stops out and leaves no stone unturned" and "Clair is competent and very good".

Clair has also been recognised in the 2023 Legal 500 directory receiving feedback that says: "Clair Hemming has just been amazing, she has often come up against hurdles in our case, but has always managed to source a solution.".

Clair holds a Trustee role of a National Charity for disabled people, as well as being an accredited member of the Law Society Panel for Clinical Negligence, and a member of the Devon and Exeter Medico Legal Society.

Her in-depth understanding of many medical conditions and experience bringing negligence claims on behalf of clients has helped Clair develop an acute understanding of the sensitivity and importance of each individual client’s situation.

WORK Recent cases

Brain Injury

• Recovering £17.8 million in damages for a young lady who suffered hypoxia during birth and has cerebral palsy. Damages were paid by lump sum and index linked annual payments for the rest of her life.
• Recovering £14.5 million in damages for a young man who suffered a subtle brain injury and brachial plexus injury during his birth. The brain injury had not led to physical disability but caused problems with concentration/attention, behaviour and cognitive regulation, and personality. The young man suffered significant anxiety and psychological difficulties. The claim was compromised at 75% and at full value the claim was valued at £19.3 million. Damages were paid by lump sum and index linked annual payments for the rest of his life.

Erb's Palsy (OPBI)

• Securing £1.1 million in damages (-0.75% discount rate). on behalf of an 18-year-old girl who developed Erb’s Palsy due to mismanagement of shoulder dystocia during her birth
• Negotiating a £925,000 settlement on behalf of a 16-year-old boy with a serious brachial plexus palsy caused at birth (2.5% discount rate).

Cauda Equina Syndrome (CES)

• Securing damages of £575,000 plus annual payments of £117,000 per annum for an 86 year old lady who suffered a cauda equina injury as a result of a hospital's failure to pick up on her progressive deterioration whilst an inpatient.
• Securing damages of £215,000 for a lady who suffered neurological damage due to a hospital's delay in diagnosing cauda equina syndrome due to limited MRI facilities. Clair negotiated a settlement in a claim involving two separate Defendants without a formal admission of liability.

Other cases

• Acting in a claim against the MOD for failure to diagnose coronary artery disease in a RAF Warrant Officer who died in service on expedition following a heart attack. Substantial damages were secured for the officer’s widow.
• Negotiating a settlement on behalf of two young boys in a claim against a GP in relation to prescribing errors, which it was alleged had caused their mother’s death.

English