Marguarita Tyne

Marguarita Tyne is a claimant clinical negligence solicitor who investigates and brings claims on behalf of patients who have been injured during the course of their medical treatment, acting mainly (but not exclusively) for brain injury claimants in high value and often complex litigation.

Marguarita is a partner in the Clinical Negligence team. She joined Clarke Willmott in 2015 and specialises in representing adult and child claimants in complex brain injury cases arising from negligent care during any aspect of medical treatment.

Working with Marguarita

Marguarita is focused and has a keen sense of the importance of the case and that she has the privileged position of being able to support individuals and their families at a time of great trauma who share their most profound concerns. She tenaciously pursues a favourable outcome for her clients and is well respected by clients, experts and counsel. She works to identify and resolve tough issues early and provides clear, unambiguous advice to clients.

How Marguarita can help you

Meningitis, encephalitis and brain injury

A particular specialism is injury arising as a result of meningitis, encephalitis, brain surgery and hypoxic damage around the time of birth. She also works closely with and supports local charity Brain Tumour Support and is experienced in advising on a wide range of cases arising from delays in brain tumour diagnosis.

Delayed stroke diagnosis

Other brain injury work includes acting for stroke patients who have suffered permanent neurological injury as a result of delayed stroke diagnosis or treatment, having investigated a number of complex cases and taken one to trial.

Catastrophic Injury

In addition to brain injury cases, she is known for her work in other areas including serious spinal injury and amputation and is very experienced in catastrophic injury arising from medical treatment.

Other areas include delayed cancer diagnosis, orthopaedic mismanagement, surgical error, gynaecological injuries and mistakes arising from systemic failures.

Inquests

In fatal cases, Marguarita will advise on the Inquest process if this has not yet taken place and has experience of Pre-Inquest Review, advising on evidence and witnesses and attendance at the coroner’s court. She is also experienced in Article 2 proceedings and jury Inquests. She will support families through this process and any ensuing claim.

Experience

• Stroke cases involving effectiveness of aspirin in preventing stroke after TIA including taking a case to trial with successful costs order for defendant conduct
• Spinal cord injection resulting in incomplete paraplegia and significant neuropathic damage and pain; claim settled with substantial care package for life
• Paediatric brain injury and amputation cases arising from failure to promptly diagnose and treat meningitis
• Consent in private medical care and failure to advise on conservative treatment rather than further surgery resulting in serious neuropathic pain post surgery and avoidable operations
• Failure to report on histology and advise patient of findings of cancer of the appendix resulting in late diagnosis and treatment of cancer and premature death
• Inquests for elderly patients following misplaced nasogastric tube leading to death, pacemaker lead misplacement leading to death, and dispensing error leading to incorrect medication resulting in death
• Mismanaged labour – cerebral palsy resulting from delayed decision to deliver a baby by caesarean section with profound consequences; claim settled with substantial care package for life
• Delayed diagnosis of placental abruption and failure to deliver by caesarean section, maximum severity injury
• Failure to diagnose and treat compartment syndrome in leg, young male patient resulting in significant lifelong disability
• Surgical failure, clamped aorta during kidney surgery resulting in lower limb vascular and ischaemic damage, young male patient medically retired
• Failure to recognise and treat hydrocephalus resulting in loss of vision in addition to original brain injury

Recognition of skills

Marguarita’s expertise and skill have been recognised by her accreditation as a member of both the Law Society and AvMA (Action against Medical Accidents) specialist Medical Negligence panels.

She receives excellent feedback for her presentations to junior lawyers on behalf of AvMA and regularly delivers training to other interested groups including Brain Tumour Support and Encephalitis Society.

Marguarita’s skills have been recognised by the legal directories, Legal 500 and Chambers where she has been described as ‘excellent, very thorough and very client-focused’, ‘real talent’, ‘highly professional at all times’, ‘an excellent lawyers who is recognised for her deft handling of client interests’, ‘very pragmatic and very good with the oversight of cases’.