Dr Nicholas Braslavsky QC

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Head of Chambers

Year of Call: 1983
Year of Silk: 1999

Clinical Negligence & Healthcare Law

Nick has largely built his reputation in clinical negligence cases. As a junior and leader he has acted in over 100 birth damage/cerebral palsy cases for claimants and defendants. He has been regarded as barrister of first choice in obstetric/gynaecology cases, particularly those involving neuroradiological causation issues. He has acted in a large number of anaesthetic, emergency medicine, orthopaedic, neurological and oncological negligence cases.

From the mid-1990s Nick took the view that healthcare professionals were largely unfamiliar with the Court setting and structure and with the evidential issues which often arise. As a result they were entirely unprepared for dealing with the matters which confronted them at trial. As a result he embarked on a series of seminars and mock trials designed to introduce prospective witnesses to the expectations and demands of the trial process. The project generated considerable interest from all quarters involved in clinical negligence litigation. He continues to speak on these topics on a regular basis.

Nick was involved in introducing the first structured settlement in clinical negligence cases in the North West and continues to advise regularly on periodical payment structures. He recently concluded several cases involving PPOs with a conventional valuation in excess of £5 million.

Cases of note include:

Clough v Tameside & Glossop Health Authority [1998] 1 WLR 1478 (QBD) (expert reports; disclosure of supporting material)

Wiszniewski v Central Manchester Health Authority [1998] PIQR 324 (CA) (adverse inference, obstetric negligence, witness testimony)

Hill v West Lancashire Health Authority [1997] Med LR (QBD) (birth damage; CTG tracing; evidence)

Walkin v South Manchester Health Authority [1995] 1 WLR 1543 (CA) (limitation of actions; meaning of "personal injury")

Mills v Wakefield HA [2000] WL 1791609 (measure of damages, birth defects)

Recommendations

Chambers UK 2012:

Nicholas Braslavsky QC is head of chambers and straddles both personal injury and clinical negligence work. He continues to have notable success in cases concerning cerebral palsy, birth asphyxia and misdiagnosed cancer issues, and is described as a "sound advocate who is cool, calm,collected and highly astute”. 

Nicholas Braslavsky QC excels in complex high-value head and spinal injury cases. Clients value his "ability to get to the centre of the most complex cases." Recently, his practice has been concentrating on claims by military and private security personnel. The "immensely talented, well-prepared and persuasive".

Legal 500 2011:

Dr Nicholas Braslavsky QC is "excellent, thorough, a great advocate and good with clients".

Chambers UK 2011:

Nicholas Braslavsky QC is a very experienced practitioner who handles a whole range of clinical negligence issues with great skill.

Nicholas Braslavsky QC has a thorough and tough approach to litigation but also demonstrates a "supreme ability to put clients at ease." He has recently been acting for an army officer in a paraplegia claim valued at over £4 million.

 

	Career & Education:
University:	University of Birmingham (1976-1982)
Degree:	LL.B Hons (1979) Ph.D (1982)
Year of Call:	1983 (Inner Temple)
Queen's Counsel:	1999
Recorder of the Crown Court:	2001
Official Appointments:	Deputy High Court Judge 2008