Details
Tom specialises in healthcare litigation claims, undertaking work on behalf of NHS Resolution, NHS Trusts and private insurers/hospitals. He conducts a varied caseload of clinical negligence and employers’ and public liability claims. Tom is regularly requested by clients to advise on secondment.
Since joining the firm in 2011, Tom has specialised in defending high value multi-track matters on behalf of clients and has secured many Trial successes. Tom has also developed a niche in dealing with novel claims, such as those brought under the Equality Act, such as mask wearing claims within the coronavirus pandemic, complex and sensitive cases involving the Human Rights Act, and also cases including involving serious allegations such as malfeasance in public office, malicious prosecution and sexual assault.
Tom has also cultivated a reputation for sensitively dealing with cases brought by litigants in person.
Tom graduated from the University of Durham in 2009 and completed the Legal Practice Course at the University of Law.
Further details
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Experience
- Successfully defended a number of multi-track clinical negligence cases to Trial, including a high-value case brought against a North West NHS Trust, involving an alleged negligent misdiagnosis of a spinal fracture, which was dismissed following a 4 day Trial at Liverpool County Court in July 2019
- Successfully defended a 3-day multi-track clinical negligence Trial at Manchester County Court in June 2016, involving an alleged negligent performance of a pericardiocentesis procedure. Despite damages being agreed subject to liability at a very low level, Tom is willing to take a stand and defend the right cases at Trial. In that case, we successfully recovered costs from the other side
- Successfully defended a high value multi-track employers’ liability case at Trial, brought by a Management of Violence and Aggression trainer pleaded under the Management of Health and Safety at Work Regulations 1999
- Successfully repudiated a claim brought under the Equality Act in 2022, in which it was alleged that the Trust unlawfully ejected the Claimant from the Trust premises for failing to wear a mask (in the height of the coronavirus pandemic). We successfully defended the claims brought for direct discrimination, indirect discrimination (sections 19 and 15 of the Equality Act 2010)
- Acted for a North West Trust in 2020; two high profile cases with similar facts, involving assaults of patients by a Security Guard. Breach of HRA allegations made, together with misfeasance in public office etc. The cases were appropriately settled at a mediation and needed to be managed extremely carefully due to media attention/ the Claimant being interviewed on television.
- Acted for a variety of Trusts in cases where clinical staff have engaged in inappropriate sexual relationships with vulnerable patients, leading to claims for damages and disciplinary issues for the staff involved
Tom Lomas's Expertise
Health and social care
