August EWJ 24 - Flipbook - Page 94
Where does this leave a defender who wants to lodge
(and hopefully gain cost protection) from a tender
when the pursuer has not yet obtained the necessary
evidence to quantify their claim? Had the defender
lodged a supporting medical report, might that have
made a difference? Or would the court still have considered it reasonable for the pursuer to be given time
to obtain their own?
Mr Adam Ross
Consultant Ophthalmic Surgeon
MBChB, FRCOphth, FHEA, PGC MedEd, MBA
Adam Ross is a Consultant Ophthalmologist with a sub-specialty interest in cataract
surgery, including micro-incision and complex cataract surgery, medical retina and
uveitis. He has over 15 years experience in medicine, and was previously the lead for
the medical retinal service at the Bristol Eye Hospital, as well as being exceptionally
active in clinical research, as the principal and chief investigator on a variety of trials. He
It seems that in Anderson the lack of time the
pursuer's solicitor had to investigate the claim prior to
raising proceedings was a relevant factor. It would be
interesting to know whether the outcome in Anderson would have been the same if the pursuer had instructed solicitors sooner. Had that been the case, it
would have, presumably, allowed more to be made of
the argument that the pursuer ought to have been in
a position, at an earlier stage, to properly quantify his
claim. And, in turn, to know at an earlier stage,
whether or not the tender should be accepted.
carried out his training in Bristol and Cheltenham, as well as visiting fellowships in New
York and Washington. He further completed various post-graduate qualifications.
Mr Ross is a fellow of the higher education academy, and continues to be actively
involved in teaching of ophthalmologists in addition to allied health professionals.
He has an extensive background in teaching and was the Ophthalmology
Postgraduate Training Director and Head of School for Ophthalmology in the Severn
Deanery, as well as an Honorary Senior Clinical Lecturer at the University of Bristol.
His expertise lies in cataract surgery, complex cataracts, premium multifocal and toric
intraocular lenses, as well as retinal disease. Mr Ross is also involved in research
within the subspecialty of retina at Boehringer Ingelheim, and sits on the board of
trustees for the charity SRUK (Sight Research UK).
Dr Ross has vast experience in acting as an expert witness. He is familiar with my
duties as an expert witness under Part 35 of the CPR and is happy to be instructed
as a joint expert witness. He currently prepares expert reports for a number of r
The QOCS system has only been in place in Scotland
since 2021 and remains in its infancy. Case law is starting to develop but it may be some time before the
inter-relationship between tendering and QOCS is
fully understood.
eputable medical agencies who are members of the Association of Medical Reporting
Organisations.
Dr Ross now has a dedicated medico-legal service with turnaround of reports of 4
weeks with competitive quotes from the outset of instruction.
Dr Ross regularly publishes in ophthalmic literature.
Contact:
Authors
Douglas McGregor
Practice Development Lawyer
Adam Ross
Tel: 0117 369 1179
Email: office@legaleyeunit.co.uk - Alternate Email: adamross@doctors.org.uk
Website: www.adamross.co.uk
Address: Nuffield Hospital, 3 Clifton Hill, Clifton, Bristol, BS8 1BN
Alternate Address: 25 Harley Street, London, W1G 9QW
Frank Gill
Trainee Solicitor
Area of work: London & Bristol Areas
Laura McMillan
Partner & Director of Advocacy
Ellen Andrew
Associate
If you are looking for a medicolegal
opinion on any ophthalmology matter,
the UK Ophthalmology Experts are a
team of leading, independent
ophthalmology experts covering all
aspects of ophthalmology.
Prof Jane Ashworth
Mr. Jonathan Durnian
Mr. Christopher Hemmerdinger
Mr. Neil Hilton
Consultant Ophthalmologist
Consultant Ophthalmologist.
Consultant Ophthalmologist
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Expert in Paediatric
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Consultant Ophthalmologist
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Expert in Ocular Oncology
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Retina
T 07498 456312
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AUGUST 2024
