Jeremy Roussak



Year of Call: 1996

 

Profile

Jeremy practices almost exclusively in the fields of personal injury and clinical negligence. He qualified as a doctor in 1983 and practised in hospital medicine for more than ten years before being called to the Bar. He underwent training in general surgery, becoming a Fellow of the Royal College of Surgeons of Edinburgh, and then specialised in surgery of the heart and chest.

Jeremy is instructed on cases of all values, including very high value claims involving catastrophic brain injury at birth or in road traffic accidents. He is particularly interested in cases arising out of fatal accidents (particularly those involving clinical negligence) in which damages are claimed for dependency. His experience of clinical negligence law extends to over 600 cases, in which he has acted almost exclusively for claimants. These have involved nearly all major medical specialities, including orthopaedics (adult and child), obstetrics and gynaecology, urology, ophthalmology, general surgery, hepatobiliary surgery, infectious disease, cosmetic and reconstructive surgery and, of course, cardiothoracic surgery. His personal injury practice is split equally between claimant and defendant work and includes cases arising out of road traffic accidents, industrial accidents and disease, including asbestos-related disease.

He has appeared on behalf of the General Medical Council before its disciplinary tribunals, prosecuting doctors accused of misconduct. More recently, he has appeared before those same tribunals on behalf of defendant doctors.

From February 2008 to April 2010 Jeremy was Counsel to the Redfern Inquiry into human tissue analysis in UK nuclear facilities. This was a government inquiry into “body snatching” by the nuclear industry. The report was presented to the House of Commons on 16th November 2010.

Jeremy was appointed to the Attorney-General’s provincial panel of Counsel in 2002 and re-appointed in 2007 and again in 2012. He has appeared on behalf of government departments, including the Ministry of Defence and the Ministry of Justice, in personal injury and clinical negligence cases and at inquests, particularly those into deaths in prison.

He is frequently instructed under Conditional Fee Agreements in all types of case.

Reported / Important Cases

Matthews v Collins & ors [2013] EWHC 2952 (QB)

Successfully resisted an application to strike out an asbestos-related claim where the claimant widow had allowed the coroner to destroy lung tissue samples taken from her late husband.

Shaw v Stead McAlpin & Co Ltd, Carlisle County Court 2012

Recovered nearly £200,000 for widow of man who had been awarded provisional damages for pleural plaques in 1998 and had subsequently died from asbestosis

Davenport v Ministry of Justice High Court, Shrewsbury District Registry, 2011

Successful defence of clinical negligence action arising out of a suicide in prison.

M v Ministry of Justice [2009] EWCA Civ 419

Successful limitation-based defence of claim brought under the Human Rights Act, arising out of a suicide in prison.

Lewis v Secretary of State for Health & anor [2008] EWHC 2196 (QB), [2008] LS Law Med 559

Declaration that disclosure by the Atomic Weapons Establishment to the Redfern Inquiry of medical records of deceased employees would be lawful.

Lahey v Pirelli Tyres Ltd [2007] EWCA Civ 91, [2007] 1 WLR 998

District Judge’s options when assessing costs after acceptance of Part 36 offer.

Brown v Ministry of Defence [2006] EWCA Civ 546, [2006] PIQR Q9

Assessment of future loss when career in Army cut short by injury just after start of basic training

McCrae v Chase International PLC [2003] EWCA Civ 505, [2004] PIQR P21

Basis of assessment of future loss of earnings.

R v Governor Glen Parva Young Offenders Institution, ex parte G
[1998] QB 877, [1998] 3 WLR 13, [1998] 2 All ER 295, [1998] 2 Cr App Rep 349

Successful application for habeas corpus after arrest for breach of bail conditions.

Memberships

Personal Injuries Bar Association (PIBA)
Professional Negligence Bar Association (PNBA)
Treasurer, Northern Circuit Medical Law Association (NCMLA)

What the directories say

Jeremy Roussak has a thriving clinical negligence practice, and is in high demand due to the unique expertise he brings as a qualified surgeon. Commentators note that "he uses his medical qualifications to great effect when questioning expert witnesses." Chambers and Partners 2013

Jeremy Roussak...benefits from his experience as a qualified doctor. He is much in demand for his expertise in catastrophic personal injury and clinical negligence claims. Commentators are particularly impressed with his performances in conferences and by his dealings with medical experts. Sources are also quick to praise the "exceptional quality of his pleadings and responses”Chambers and Partners 2012

Jeremy Roussak’s “medical qualifications allow him to get to the heart of the medical issues”Legal 500 2012

Education and qualifications

St John’s College, Cambridge: BA 1980 (medical sciences); BChir 1983; MA, MB 1984

Royal College of Surgeons of Edinburgh: Fellow 1988

City University: Diploma in Law 1995

Previous chambers

St John’s Buildings, Manchester, to April 2012

Interests

Jeremy is particularly interested in the analysis of causation of injury by trauma. His medical background enables him to read and understand medical records and to discuss these matters in detail with expert witnesses. He is also interested in the legal basis for calculation of future loss where the outcome is uncertain. Away from the law, his interests include computer programming, music and digital photography.

While studying for the Bar, he worked in aviation medicine, travelling to hospitals in more than 30 countries to escort sick and injured patients back to the UK.



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