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.

Working with Marguarita

Marguarita is focused on understanding the issues that lie at the heart of the case. She also has a keen sense of the importance of the case to the individual and that she is in the privileged position of being able to support them and their families, often at a very turbulent time in their life. 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

Delayed stroke diagnosis

A particular specialism includes acting for misdiagnosed stroke patients who have suffered permanent neurological injury as a result of delayed stroke diagnosis or treatment, having investigated and concluded a number of complex cases, including at trial. She understands the difficult and challenging medical issues in these cases and the profound impact on a claimant of negligent care.

Meningitis, encephalitis and brain injury

Marguarita works with claimants injured as a result of meningitis, encephalitis, brain surgery and hypoxic damage around the time of birth or as a consequence of failures during the neonatal period. She has a wide understanding of the technical issues that arise in this type of case and the work involved in assessing the value of these claims, once liability has been established

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.

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.

Loss of Fertility

Marguarita acts for claimants who have loss fertility as a consequence of clinical negligence and has an understanding of the issues impacting on these cases and the impact of recent case law and developments in the recovery of costs relating to surrogacy. She is empathetic and understanding when dealing with the very sensitive issues that these cases present.

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

• Loss of fertility as a consequence of failure to diagnose and treat testicular torsion, delayed diagnosis of cervical cancer and radiation damage during cancer treatment.
• 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.
• Neonatal death and claim for future IVF treatment
• 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’.

Client quotes

“I do appreciate all your efforts on our behalf…Your assistance to us in this matter has been very professional and also compassionate on behalf of my father, mother and myself we would like to thank you and your team for being so wonderful.” AC

“I wanted to say thank you for looking at my son’s case and I appreciate your input and respect your decisions…I really did like your attitude and think you are a fabulous solicitor…” Ms H 

“Words cannot express how grateful I and my family are to you and your colleagues who represented us at my mom’s inquest. From the outset we felt safe and comfortable in your care and that of the company and was also impressed with the behaviour, conduct and dignity.” Miss M 

“I just wanted to say thank you for your kindness yesterday, both X and I were impressed with your professionalism and the care you showed towards us” Mr T

Legal 500 2022

Marguarita Tyne has a strong track record in non-birth catastrophic injury cases for adults and children, with additional expertise in fertility loss cases.

Chambers 2022

Marguarita Tyne is noted for her representation of claimants in catastrophic injury cases and breach in care claims. She is also well placed to handle meningitis cases.

“She is a very good lawyer and always pleasant to deal with. She has got a sense for where the case is going and fine judgement. She balances things really well.”