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Ben Gent

Partner - Head of Clinical Negligence

Ben Gent

Partner - Head of Clinical Negligence

Ben Gent is a Partner and Head of the Clinical Negligence department at Express Solicitors, having joined the firm in February 2014. Ben specialises in medical law claims which include; injured patients and their relatives, complaints about medical care, and advice where patients have been refused a treatment often for reasons of cost. Ben has also acted for people who received negligent legal advice regarding settlement of personal injury and medical negligence claims.

Ben is a Law Society clinical negligence accredited specialist and a qualified solicitor advocate. He enjoys the challenge of acting in cases which other lawyers have turned down and has recovered damages in excess of £1,000,000 in cases where clients had previously received advice that there was no claim.

When asked what he enjoys most about his role at Express Solicitors, Ben commented: “I enjoy standing up for the underdog against what is usually a more powerful and wealthier opponent. This is of increasing importance since the government’s changes have made it all the more difficult for ordinary people to force institutions to tell the truth and hold them accountable when mistakes have been made. The other aspect I enjoy is seeing first-hand the strength in adversity shown by injured people, and friends and families who look after them.”

When helping clients, Ben tries to get to the heart of the legal questions quickly, so they know exactly where they stand. Ben has acted for many patients where negligent care has caused serious neurological injury, often to children. Ben strives to gain an understanding of what day-to-day life can be like for his clients so that he can then advise on whether there are short term measures to give urgent help (e.g. immediate care provision or interim damages payments to organise better accommodation), as well as a longer term strategy for winning the case.

Ben studied Law at Oxford University before completing his training with a large commercial firm. He then went onto head up the medical negligence team at an Australian firm for 3 years, before returning to the UK where he worked as a partner at Simpson Millar.

Recent settlements

BJ (Settlement of £1.9m (discounted for liability compromise) in a case of paraplegia following negligent spinal decompression surgery
AC (Settlement of £23m (gross, including PPO) in a case of dyskinetic cerebral palsy with developmental delay and behavioural difficulties)
PR (Settlement of £9.5m (gross, including PPO) in a case of cerebral palsy arising from kernicterus after delay in treating jaundice)
AO (Settlement of £3.5m (gross, including PPO) in a case involving cognitive deficit superimposed on physical disability resulting from stroke)
BK (Settlement of £1.8 in a case involving delayed diagnosis of cauda equina syndrome)
SL (Settlement of £1.7m in acase where orthopaedic negligence led to below knee amputation)
CR (Liability settlement and £1m interim payment following missed diagnosis of aneurysm)
XM (Liability judgment and £1m interim payment following missed hydrocephalus)
LG (liability settlement and £1.2m interim payment is a case where cerebral palsy caused by acute perinatal asphyxia)

Reported cases

Cattanach v Melchior [2003] HCA 38; (2003) 215 CLR 1
http://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2003/38.html

AC (A Minor) v St Georges Healthcare NHS Trust [2015] EWHC 3644 (QB)
https://www.bailii.org/ew/cases/EWHC/QB/2015/3644.html

XM (By His Father and Litigation Friend FM) v Leicestershire Partnership NHS Trust [2020] EWHC 3102 (QB)
https://www.bailii.org/ew/cases/EWHC/QB/2020/3102.html

Directories
Particularly adept at assisting claimants with cases involving brain and birth injuries, including cerebral palsy cases, as well as misdiagnosis of cancer claims

Clients are impressed by his “”knowledge and thorough approach as he leaves no stone unturned.” and “an excellent solicitor who really knows his stuff and is down to earth, thoughtful and empathetic,”
(Chambers and Partners)

Thoughtful and imaginative as a lawyer, effective as a litigator and supportive of clients ‘has very quickly established a well-earned name for consistently high-quality advice that is always provided in a caring way’…. ‘always prepared to go that extra mile for his clients and he shows great intuition of what his clients need’. (Legal 500)