Lauren Sutherland QC
I called to the bar in 1996 and took silk in 2016 having previously worked as a Solicitor in private practice. I am a member of Ampersand Advocates.
For over 20 years I have been involved in teaching lawyers, doctors and dental students with an emphasis on consent and medical ethics. I have recently been heavily involved in teaching expert witnesses on court craft and preparing for court with Inspire Medilaw.
Since 1995 I have been the medical law contributor to the Reparation Bulletin published by Greens Publishers. I am also the author of the initial chapter on Medical Law and Human Rights one of the main textbooks on Human Rights in Scotland.
I enjoy teaching and writing but I am also a practicing lawyer regularly meeting with clients and experts and appearing in court. I have been involved in preparing and conducting complex cases for a period of 30 years. In 2020 I gained CEDR accreditation as a mediator. I have a particular interest in Fatal Accident Inquiries and I have represented families at a number of high profile Fatal Accident Inquiries. My work at the bar covers a number of areas of medicine but I have a special interest in catastrophic injury claims, brain injury, cerebral palsy claims and cancer cases.
I was honored to be appointed by the Scottish Government with Colin MacAulay QC to lead the public inquiry into the outbreak of C-difficile at the Vale of Leven Hospital Chaired by Hon. Lord MacLean in October 2009. The Inquiry lasted over 3 years and produced a detailed report and recommendation following extensive investigation into the care given to patients at the hospital covering areas of nursing and medical management, microbiology and infection control. The Inquiry also considered DNAR orders, end of life care and death certification in Scotland.
I was invited to participate in the panel of medical and legal professionals who formed part of the review Chaired by Professor Sheila McLean on the issue of No-fault compensation in Scotland.
The highpoint of my career was to be able to be part of the team of lawyers who successfully represented the claimant Nadine Montgomery on behalf of her son Sam in the Supreme Court case of Montgomery v Lanarkshire Health Board [2015] UKSC 11. This case defined the law on consent in the UK and brought it in line with the main common law jurisdictions. The original decision was in 2010, and the case was heard by an Extra Division of the Scottish Inner House (Appeal Court) in 2013 finally culminating in the unanimous (7-0) decision of the UK Supreme Court in 2015.
Following the decision in Montgomery I wrote a book on consent published by Law Brief Publishing available on Amazon. “A Guide to Consent in Clinical Negligence Post-Montgomery“. The book analyses the UK law prior to the decision and provides detail of the argument advanced by the claimants and defenders in the case. The book also considers the question of causation in the consent case.
Reviews
Chambers & Partners:
“The most specialised claimant clinical negligence advocate in Scotland”.
“She has an apparently inexhaustible energy to prepare and argue some of the most ground-breaking cases”.
2017 Chambers & Partners:
“Her knowledge of the legal and medical aspects of the cases she handles is phenomenal”. “Absolutely superb at medical cases. She goes the extra mile to understand the expert knowledge”.
2018 Chambers & Partners:
She is a strong silk who brings her skills to bear in the full array of clinical negligence and personal injury cases. She is adept at navigating complex causation and quantum issues and is especially knowledgeable about claims relating to brain injuries. Instructing solicitors frequently praise her for her medical knowledge.
“Lauren’s knowledge of clinical negligence matters is unrivalled. She is technically excellent and effective in negotiations”“An excellent advocate who works very hard for her clients”. “Her experience outstrips many who are considerably senior to her“.
2019 Chambers & Partners:
“Lauren works tirelessly for her clients and shows impeccable attention to detail”. “She genuinely cares about the client and her attitude towards them makes her stand out”.
2019 Bar listings for the Legal 500:
“Leaves no stone unturned to find a path to a successful outcome ”.