Ana Samuel image

Ana specialises in Clinical Negligence, Personal Injury, and Employment law.

Ana also undertakes both free standing inquests and those linked to clinical negligence and personal injury claims.

Year of call: 2004
Appointments: Assistant Coroner to Birmingham and Solihull
Memberships: PIPA, Coroners’ Society of England and Wales
Publications: Clinical Risk: ‘Habeas Corpus? Body or Evidence?’ Clinical Risk: ‘She should have died hereafter.’
Affiliations: www.Pro-vide.co.uk
Other Qualifications: Mediator

Clinical Negligence

Ana frequently represents both Claimants and Defendants (NHSLA and private individuals) in clinical negligence actions undertaking advisory, drafting and advocacy work.

Ana deals with all nature of hearings from interlocutory matters through to JSM and final hearing.

Ana has recently handled to conclusion a clinical negligence case pleaded in excess of £1.2 million, appearing against a specialist clinical negligence Silk.

Recent areas dealt with include:

  • Tears during childbirth;
  • Disruption to the pelvic girdle following childbirth;
  • Development of Compartment syndrome following childbirth;
  • Damage to optic nerves due to over pressurizing the eyeball;
  • Tears and detached retinas caused during ophthalmic surgery;
  • Failure to diagnose heart failure;
  • Failure to refer a patient under the NICE cancer guidelines;
  • Failure to provide nutritional advice following a gastric bypass;
  • Failure to consent;
  • Overdose of medication;
  • Failure to section under the mental health act;
  • Negligent decompression surgery;
  • Negligent Hip replacement;
  • Delay and/or failure to diagnose;
  • Surgical negligence in a wide range of clinical specialisms;
  • Dental negligence;
  • Cosmetic surgery;
  • GP negligence;
  • Failure to advise patient of alternative less invasive options;
  • Failure to provide antibiotics resulting in fatal sepsis;
  • Fatal accidents claims based on clinical negligence actions.
  • Cauda Equina cases.

Whilst Ana is more than competent to act on large value claims she is also willing to be led on more complex high value cases and has had past experience of being involved in led cases.

Personal Injury

Ana is regularly instructed in multi-track matters in the following areas:

  • Road traffic accidents;
  • Occupiers’ Liability;
  • Public Liability;
  • Employers’ Liability including stress at work and assault cases;
  • Fatal accident claims.

In addition to case management, interlocutory hearings advisory and trial work Ana frequently undertakes applications involving all aspects of civil procedure including expert evidence, disclosure, strike out, limitation, resiling from admissions, summary judgment, setting aside default judgments, cost CMC’s and cost arguments.

Ana regularly deals with high value claims acting on behalf of both Claimant’s and Defendants.

Ana has a wealth of experience dealing with NHSLA employer’s liability cases.

Inquests

Ana regularly represents various interested parties in the Coroners Court, including but not limited to the family, care homes and NHS Trusts.

Due to her experience in Clinical Negligence and Personal Injury a large proportion of inquests undertaken have a civil claim looming in the background for which she continues to have conduct of post inquest.

Given her experience as an Assistant Coroner Ana is also able to deal with freestanding inquests where no civil claim is contemplated.

Ana deals with both Jamieson and Middleton (Article 2) inquests as well as those involving a Jury.

Employment

Ana appears for national companies, local authorities, the police, private and public companies, sole traders, trade unions and individual claimants in various Tribunals across the country.

Her experience includes all types of discrimination, breach of contract, unlawful deductions from wages, redundancy, TUPE and unfair/constructive/wrongful dismissal.

Ana covers all types of hearing including strike out/deposit applications, case management discussions, interim relief, pre-hearing review’s, final hearings and remedy hearings.

As a result of her experience Ana is required by her clients to travel all over the UK in order to represent their needs. This provides her with a useful insight into the trends of decisions in the various tribunal centres.

In addition to advocacy Ana regularly provides written opinions and advice in conference. She is also able to draft contracts of employment, compromise agreements and any document needed in the course of a tribunal claim.

Ana has been involved in a number of group actions including the case of Clearsprings Management Limited and has more recently represented 250 union workers in a long-standing pay dispute appearing against a QC for the Defendant.

Mediation

Given the growing trend for alternative dispute resolution, particularly in the Clinical Negligence forum, Ana is a fully qualified mediator wiling to undertake Evaluative Mediation in the fields of Clinical Negligence, Personal Injury and Employment Law and Facilitative Mediation in all areas of dispute.