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Partner and Solicitor

Clair Hemming

“People who come to us for help and advice often do so at a very difficult time in their lives. They may have lost someone they love, or suffered a significant or even catastrophic injury and be faced with a lifelong disability. In my experience what they need in a lawyer is someone who will give them frank, clear and practical advice. Someone they can rely on to fight to obtain answers, recognition of what went wrong and ultimately the appropriate compensation to secure their future.”

Clair qualified as a solicitor in 2001, and as a Partner in Tozers' Medical Negligence team, acts for people at all stages of their lives, from infants and children right through to those in retirement. She is focused on putting clients at ease, whilst developing a trusted, strong working relationship. Her particular expertise is in high value and complex neurological injury claims.

Clair is particularly strong at helping people get answers or find out what went wrong in their individual circumstances. She aims to make a real difference to people’s lives through securing damages and ultimately their future.

Recognised as a notable practitioner in the Chambers UK 2020 legal directory, they say: "Clair Hemming‘s expertise lies in cases surrounding injuries sustained at birth, with a particular focus on Erb’s palsy claims. Sources admire her ability to ‘handle difficult situations very well and calmly."

Described in the Legal 500 as ‘extremely intelligent, professional, effective, compassionate and personable’

Clair holds a Trustee role of a National Charity for disabled people, as well as being an accredited member of the Law Society Panel for Clinical Negligence, and a member of the Devon and Exeter Medico Legal Society.

Her in-depth understanding of many medical conditions and experience bringing negligence claims on behalf of clients has helped Clair develop an acute understanding of the sensitivity and importance of each individual client’s situation.

Notable cases:

Brain Injury

  • Recovering £17.8 million in damages for a young lady who suffered hypoxia during birth and has cerebral palsy. Damages were paid by lump sum and index linked annual payments for the rest of her life.
  • Recovering £14.5 million in damages for a young man who suffered a subtle brain injury and brachial plexus injury during his birth. The brain injury had not led to physical disability but caused problems with concentration/attention, behaviour and cognitive regulation, and personality. The young man suffered significant anxiety and psychological difficulties. The claim was compromised at 75% and at full value the claim was valued at £19.3 million. Damages were paid by lump sum and index linked annual payments for the rest of his life.

Erb's Palsy (OPBI)

  • Securing £1.1 million in damages (-0.75% discount rate). on behalf of an 18-year-old girl who developed Erb’s Palsy due to mismanagement of shoulder dystocia during her birth
  • Negotiating a £925,000 settlement on behalf of a 16-year-old boy with a serious brachial plexus palsy caused at birth (2.5% discount rate).

Cauda Equina Syndrome (CES)

  • Securing damages of £575,000 plus annual payments of £117,000 per annum for an 86 year old lady who suffered a cauda equina injury as a result of a hospital's failure to pick up on her progressive deterioration whilst an inpatient.
  • Securing damages of £215,000 for a lady who suffered neurological damage due to a hospital's delay in diagnosing cauda equina syndrome due to limited MRI facilities. Clair negotiated a settlement in a claim involving two separate Defendants without a formal admission of liability.

Other cases

  • Acting in a claim against the MOD for failure to diagnose coronary artery disease in a RAF Warrant Officer who died in service on expedition following a heart attack. Substantial damages were secured for the officer’s widow.
  • Negotiating a settlement on behalf of two young boys in a claim against a GP in relation to prescribing errors, which it was alleged had caused their mother’s death.
Anonymous from North Devon

Your Thoughts

Testimonials

“A long and difficult case throws up many opportunities for a firm and indeed an individual to fail or shine. It is not just the outcome of the case which matters, but the manner in which it is achieved. Tozers staff have consistently proved themselves to be up to every task at every turn. I appreciate the discretion, honesty and integrity which seem to be the hallmark of their business.

Tozers have never been pushy or overbearing, but simply provided me with the best information, presented clearly and sensibly to allow me to make the correct decisions with the minimum fuss.

Clair Hemming in particular has such excellent judgement and communication skills, that I found I never had to second guess or doubt any detail, no matter how small. I have worked with Tozers for many years and am truly grateful that I chose this firm in particular.”

Anonymous from North Devon

Company & Industry

Related Insights

News

Damages awarded for midwifery errors during birth at Northern Devon District Hostpital NHS Foundation Trust

Posted on 11th February 2020 in Medical Negligence

The parents of a teenage girl who suffered brain damage as a result of the negligent management of her birth at North Devon District Hospital, yesterday attended the Royal Courts of Justice in London to conclude the legal claim for compensation against the NHS.

Posted by

Clair Hemming

Partner and Solicitor
Insights

Erb’s Palsy Awareness Week 2019 ‘Then and Now’ – Kirsty’s story

Posted on 22nd October 2019 in Medical Negligence

Hello everyone, I’m Kirsty. I have left a grade 3 Erb’s Palsy, with pretty limited movement and very limited strength. I’ve had four operations to improve the function in my arm, which have helped. Erb’s Palsy is part of my life, but I think it’s one of the least interesting things about me; and hopefully you’ll agree with me once I tell you more!

Posted by

Clair Hemming

Partner and Solicitor