Jonathan Herbert
Legal Executive Associate
Specialisms and expertise
Jonathan has been employed by regional law firms for over 20 years, working only in civil litigation departments. He has practised in all areas of personal injury throughout that time gradually working exclusively in this area of law. Jonathan's caseload is primarily clinical negligence and industrial disease but he continues to accept other types of cases. He is individually accredited as Senior Litigator with the Association of Personal Injury Lawyers. His clinical negligence work has involved a wide range of treatment including obstetrics and catastrophic injury gynaecology orthopaedics, A&E, oncology prescription errors cardiology neurology haematology general surgery, paediatrics ophthalmology, general practice, dentistry. His industrial injuries work has included mesothelioma, lung cancer, asbestosis, pleural thickening, pleural plaques, provisional damages along with a wide range of accidents in the workplace.
Notable cases
- Robert Mark Gordon -v- J B Wheatley and Co (a Firm) [2000] EWCA Civ 173; [2000] Lloyds LR PN 605 - a decision in a professional negligence case considering whether a contingent loss constituted “actual damage” for limitation purposes.
- Jenks v West Kent Health Authority [2001] - £2.6 million recovered for an 8-year-old boy who suffered cerebral palsy and severe brain damage during his birth caused by the negligence of the defendant in delaying his delivery. The claimant was severely physically and mentally disabled, and would require 24-hour care and supervision for the remainder of his life.
- Whalebone v Willett & MIB [2004] - £552,000 damages recovered for a 17-year-old boy for the multiple injuries sustained in a road traffic accident including brain damage, a fractured right wrist, a severely broken leg, a fractured jaw, lacerated tongue and a collapsed lung who subsequently suffered from impaired balance, concentration, cognition and a lack of inter-personal skills.
- A -v- Krstic [2007] - damages recovered for an 8-year-old girl, for the wrongful extraction of four teeth in September 2005. The claimant suffered physical discomfort and sensitivity as well as impaired appearance and speech. The dentist involved was suspended for 12 months because of his conduct immediately after the treatment.
- C v Epsom & St Helier University Hospitals NHS Trust [2007] - damages recovered for a 63-year-old man who suffered a wound to his rectum following a failure by hospital staff to note that he had previously undergone an ileostomy and that his rectum had been all but entirely stitched up during that procedure.
- A v East Sussex Hospitals HNS Trust [2007] - damages recovered for a 5-year-old girl who suffered burns sustained during an MRI scan because wrong probe pads had been attached.
- K v J Martin Brockley Limited [2008] - provisional damages recovered for a gentleman with pleural thickening following occupational asbestos exposure.