Colum Smith
Clinical Negligence/Personal injury
colum.smith@mwsolicitors.co.uk
Colum prides himself on being a Lawyer who makes a difference. If he does not feel that his personal approach will make a difference to a case, he does not accept it. At any one time he will have less than 10 cases that he is personally dealing with from spinal, cerebral palsy, neurological, right through to brain damage caused through road traffic accidents. He likes unusual cases with evidential problems. He will gather the evidence and proceed to Trial.
He is a Trial Lawyer with an outstanding win rate. As he says "no client who’s followed my advice has lost at Trial with me". He is rated as one of the most aggressive and results driven Lawyers of his generation. Just ask the Defendants Lawyers if in doubt.
In 2011 Colum took to Trial the case of Johnson v Fourie, before Mr Justice Owen in the Royal Courts of Justice. This was a reported clinical negligence claim involving a plastic surgery case.
In 2010 in an 8 week period Colum obtained for his clients £14 million in damages.
The majority of his clients are personally referred to him by previous clients and/or medical practitioners.
Colum regularly lectures to the NHS in relation to Clinical Negligence and related subjects, with a particular emphasis on record keeping and how to deal with the day to day practicalities of Litigation in the NHS and private medical practice. He was also instrumental in setting up the pilot scheme with the NHS Modernisation Agency in ensuring that newer members to the medical profession understood the legal implications of their first forays into clinical responsibility at a senior level. Colum regularly lectures at Degree level to the National Association of Assistants in Surgical Practice (NAASP).
Colum spends the majority of his time in Litigation against the National Health Service, representing clients all over the country. He recovers damages at all levels and he particularly specialises in large value multi-million pound legal actions, he also specialises in Personal Injury cases where clients have suffered severe injuries, including brain damage. He acts regularly on behalf of young children and babies.
He is well known for taking a straightforward, pragmatic approach to Litigation, which is very much results based.
He is dedicated and known for achieving excellent results for his clients and for succeeding in unusual cases. Important cases handled include Greenfield –v- (1) Southampton University Hospitals NHS Trust (2) Dr Arto Day (2002), Kevin Finnis (By his wife and litigation friend Lisa Finnis) – v- James Caulfield (2002), Warrilow –v- Norfolk & Norwich Hospitals NHS Trust (2006), Alan Dudley & Others -v- Dartford and Gravesham NHS Trust (2006), Rayner –v- Mayday Healthcare NHS Trust (2007), Wild –v- Stagg (2006), Russell –v- Saville (2009), Brand -v- Brighton and Sussex University Hospital NHS Trust (2010), Miller -v- St George's NHS Trust (2010), Johnson –v- Fourie (2011).
Finnis –v- Caulfield is one of the most reported Personal Injury cases of all times.
Colum also acted in the cash for stadium scandal which arose in July 2011.
Qualified as a Solicitor in 1993 and a Senior Partner of the firm. Colum Smith is head of the Litigation department at McMillan Williams. He specialises in Clinical Negligence and Personal Injury work. He is a member of the Law Society Clinical Negligence Panel, the Law Society’s Personal Injury Panel, AvMA (Action Against Medical Accidents) Solicitors Panel and the firm is a member of the Headway Panel (specialist in brain injury cases), he formerly advised the now disbanded Legal Services Commission regarding Clinical Negligence Appeals.
Below are some comments on Colum lecturing to the NHS on Clinical Negligence:-
"Thank you for coming to our Department to give your lecture. Everyone found it very interesting and thought provoking and talked about the issues you raised for several days. I think it made everyone take stock about what we do - especially the students and new staff".
"The staff who had been asked to work in other areas have taken on board what you said and are working towards a plan. Once again, thank you from everyone here. I wish we could invite you every year and invite some of our Surgeons and Anaesthetists to attend!! "
Colum also undertakes Professional Negligence work, employment work and occasionally general civil matters.