Aneurin Moloney

Areas of expertise

• Clinical negligence & personal injury
  • Clinical negligence

    Clinical negligence

    Aneurin’s practice is almost exclusively in clinical negligence and he is a genuine specialist in this area.  The majority of his practice is acting for claimants, although he is also regularly instructed on behalf of NHS Trusts, Welsh Health Boards, GPs, and private doctors and clinics.

    He is known for having particular experience in claims arising out of delays in diagnosing cancer, delays in treating neurological and cerebrovascular conditions (such as stroke, subarachnoid haemorrhage, and cauda equina syndrome), and surgical errors.  He has successfully settled a number of cases concerning alleged failures to enable patients to provide informed consent.

    Aneurin’s experience also includes birth injuries, wrongful birth claims, psychiatric care, and errors in anaesthesia.  Aneurin was also instructed in a claim arising out of the Stepping Hill Hospital poisoning scandal.

    Aneurin frequently appears at coroners’ inquests, where he usually represents the family, and will consider acting under conditional fee agreements to include representation at inquests in appropriate cases.

    Recent Work:

    • P v University Hospitals of Leicester NHS Trust:  Aneurin acted for the defendant Trust where the claimant was left disabled by a nerve injury sustained during hip replacement surgery.  Liability was admitted.  The claim was pleaded at over £3m, but settled for £1m.  The claimant was represented by a leading silk.
    • U v Barts Health NHS Trust: instructed on behalf of the claimant and young child dependants in a Fatal Accidents Act claim arising out of the failure to treat clotting following surgery.  Aneurin represented the family at inquest and subsequently secured an admission of liability.  The extensive dependency claim settled for £980,000.
    • C v Bedford Hospital NHS Trust: claim arising out of a delay in diagnosing breast cancer in respect of a young woman.  The claim involved difficult causation and quantum issues, with disputed life expectancy evidence.  The claim settled for £475,000.
    • D v Mid and South Essex NHS Foundation Trust:  Aneurin acted for the defendant Trust in a liability admitted Fatal Accidents Act claim arising out of psychiatric care.  The claim was pleaded at £1.2m, but settled for £350,000 shortly before trial.
    • A v East Kent Hospitals NHS Trust: Aneurin was originally instructed on behalf of the family in a 3 day inquest concerning the hospital’s failure to treat complications following a robotic radical prostatectomy.  Aneurin advised in the resulting High Court Fatal Accidents Act claim which settled for £300,000.
    • T v Milton Keynes Hospital NHS Foundation Trust: claim arising out of negligent knee replacement surgery causing substantial disability.  The claim settled for £307,500, with provision for adaptations to accommodation, and a future care regime.
    • D v Chelsea & Westminster NHS Foundation Trust: claim arising out of a delay in the diagnosis of a renal tumour.  There was a significant claim for future care and adaptations, which settled for £330,000.
    • F v Dr S and Others:  Junior (to Michael Horne KC) in a claim concerning the excessive prescribing of anti-platelet medication.  The case on causation relied on successive material contributions to 3 different strokes.  Settlement of £475,000 was achieved shortly before trial.
    • B v Homerton University Hospitals NHS Foundation Trust:  delay in treating cauda equina case.  Despite a good recovery, the case settled for £130,000.
    • W v Hywel Dda Local Health Board: claim arising out of a failure to prevent retinal detachment following complaints of disturbance in vision to A&E and eye clinic staff.  The matter settled advantageously for Aneurin’s client shortly before trial.
    • G v Dr L: instructed on behalf of the claimant in a claim concerning the delay in diagnosing a parotid tumour, leading to facial palsy and a speech impediment.
    • S v Liverpool Women’s NHS Foundation Trust: instructed on behalf of the claimant in a claim concerning consent issues in a natural birth after caesarean section.
  • Inquests & inquiries

    Inquests & inquiries

    Aneurin is regularly instructed in inquests, usually arising out of deaths following suspected negligent medical treatment. He is frequently instructed in Article 2 inquests, and also has experience with juries.

    He often represents families at inquests, but also acts for doctors and healthcare trusts. Aneurin will consider acting on behalf of families on a CFA basis where there are prospects of a subsequent claim.

    Recent Work:

    • Inquest touching the death of VH:  instructed by the company that provided private medical services to a prison. Following the death of an inmate due to an unknown cardiovascular condition, a conclusion of natural causes was reached.
    • Inquest touching the death of FW: instructed by the family in an Article 2 inquest concerning systemic failings in the Trust’s asthma attack protocol. The Coroner found that there had been gross failings, but fell short of a rider of neglect on causation grounds. The subsequent clinical negligence claim successful settled.
    • Inquest touching the death of SM: instructed by the family following multiple failures to diagnose and treat the deceased’s DVT following a leg fracture. A Regulation 28 report was made by the Coroner, which led to a revision of national venous thromboembolism guidelines. The responsible NHS Trust admitted liability in the Fatal Accidents Act claim following the inquest. The case was reported here.
    • Inquest touching the death of JF: instructed by the family in a case concerning a delay in diagnosis of sub-arachnoid haemorrhage. The pathologist changed her conclusion as to the cause of death during the inquest.
    • Inquest touching the death of AF: instructed by the family in a case concerning the premature discharge from hospital of a newborn baby, who died of e-coli related sepsis less than 24 hours later.
    • Inquest touching the death of EH: instructed by the family in a case where fatal injuries were suffered following a fall from a local authority operated vehicle. The inquest was reported here.
    • Inquest touching the death of KC: misadventure conclusion in case concerning complications following routine oesophageal surgery.  Prevention of future deaths report made.
  • Personal injury

    Personal injury

    Aneurin handles a wide variety of personal injury claims. He has particular experience in employers liability cases, but is also instructed in road traffic accidents, occupiers’ liability claims, and Highways Act claims. His clinical negligence experience makes Aneurin well placed to deal with complex causation and quantum issues.

    Recent Work:

    • Brushett v Hazeldean (Central London CC): road traffic accident case dubbed ‘the case that divided the nation’ concerning a pedestrian struck by a cyclist.  Aneurin secured a judgment for the claimant with a 50% deduction for contributory negligence.  The case was reported in the Times, and other press.
    • L v Butt: Highways Act case concerning a head injury sustained when a cyclist was injured by a pothole.  Extensive medical and employment expert evidence was required, where the loss of earnings claim turned on proving causation and quantum in respect of lower than anticipated university grades.  The case settled for £170,000.
    • S v Green: Claim involving a foreign national who was injured when a car collided into his motorcycle at speed.  The claim included a novel argument concerning domestic and foreign earnings evidence, and settled before trial for £150,000.
    • M v B Ltd: Claim concerning a serious construction site injury where a professional property developer was injured on his own site when the defendant company allowed him to enter an unsafe area.  The case was defended robustly, but settled before trial with minimal litigation risk or contributory negligence discount.
  • Product liability

    Product liability

    Aneurin is instructed in product liability claims, and has particular experience in claims arising from defective medical products.

    He was instructed as junior counsel in co-ordinated litigation arising out of the use of polypropylene mesh in medical devices, and more recently acted as sole counsel in a number of cases that proceeded against NHS Trust defendants on consent grounds.

• Insurance funded disputes

  Insurance funded disputes

  Aneurin regularly handles disputes involving insurers, details of which can be found in the Clinical Negligence, Personal Injury and Product Liability sections of his profile.