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About the members

/About the members
About the members2019-06-28T19:15:22+02:00
The Team - Malcolm Lyons & Brivik Inc | Injury & Personal Law

TZVI BRIVIK

Tzvi Brivik, our director, completed his Bachelor Of Commerce Degree at the University Of Witwatersrand in 1993. He majored in law and economics. He completed his Bachelor Of Laws Degree in 1995 at the University of Witwatersrand. After completing his articles he commenced practice in Johannesburg before he relocated to Cape Town.

In the Labour law field, Tzvi has been involved in ground breaking cases. He handled the first urgent application in South Africa to protect the rights of a whistleblower employed by a major SA Bank. He was also responsible for the first application to Court alleging discrimination in terms of the Protected Disclosures Act. He has campaigned for the rights of Unions to be registered and recognized within the workplace.

His approach on behalf of various unions was accepted in the Labour Appeal Court.He recently won a major victory against the Western Cape Provincial Government on behalf of a partially sighted client who had suffered unfair discrimination. In the field of personal injury Tzvi has had numerous multi- million rand judgments and settlements for injured clients and has litigated extensively in Johannesburg,
DurbanPretoriaKimberley and Cape Town.

He has substantial experience in medical malpractice claims and his most recent success was a wrongful birth claim for damages against two gynaecologists who failed to observe the evidence of birth defects.

AFFILIATIONS & COMMUNITY ORGANISATIONS

• Executive Committee of the Cape Town Association of the Physically Disabled
• Former Executive Committee Of The Glendale Home For The Mentally Handicapped

PROFESSIONAL ORGANISATIONS

• Member of the Cape Chamber Of Commerce
• Former President of the South African Labour Lawyers Association
(Saslaw) (Cape Town Branch) 2001 – 2003
• Member of the South African Association of Personal Injury Lawyers (Saapil)
• Current Liaison Officer for the Jurisdiction of South Africa and Member of the Governing
Committee of the Pan European Organisation of Personal Injury Lawyers (Peopil)
• Member of the Association of Personal Injury Lawyers United Kingdom (Apil)
• Member of the American Association for Justice (United States Of America)
• Member of the South Africa Spinal Cord Association
• Member of the South Africa Neuropsychological Association

The Team - Malcolm Lyons & Brivik Inc | Injury & Personal Law

NICOLA JUSTINE LYONS BRIVIK

Nicola completed her articles in Cape Town and subsequently became its’ principal partner. She litigates Medical Malpractice and Road Accident Fund claims and has over 10 years experience in both

She has successfully pursued claims for and on behalf of indigent South Africans across the country with numerous multi- million settlements and judgments to her name. She is also a solicitor of the High Court of England and Wales. She acts both for foreigners injured locally and South Africans injured abroad.

AFFILIATIONS & COMMUNITY ORGANISATIONS

• Executive Committee of the Cape Town Association of the Physically Disabled

PROFESSIONAL ORGANISATIONS

• Member of the Cape Chamber Of Commerce
• Member of the Pan European Organisation of Personal Injury Lawyers (Peopil)
• Member of the Association of Personal Lawyers United Kingdom (Apil)
• Member of the American Association For Justice (United States of America)
• Member of the South Africa Spinal Cord Association
• Member of the South Africa Neuropsychological Association
• Member of the South African Association of Personal Injury Lawyers (Saapil)

The Team - Malcolm Lyons & Brivik Inc | Injury & Personal Law

CARLA GRIFFITH

Carla Griffith joined Malcolm Lyons & Brivik Inc in 2013 as an Article Clerk. She completed her LLB Degree in 2010 at the University of South Africa. In November of 2012, she completed the full time programme in Legal Practice at the University of Cape Town. After completing her articles, she commenced practice in Cape Town.

Carla has substantial experience in medical malpractice and medical negligence claims, and her most recent successes involved liability issues such as failure to diagnose timeously a perforation of the bowel and subsequent sepsis, failure to diagnose and treat a minor child for meningitis with resultant neurological damage.

Carla has also achieved great success in numerous settlements for compensation against the Road Accident Fund in road traffic accidents.  She has assisted in various slip and trip / fall claims, train accidents and dog bite claims.

The Team - Malcolm Lyons & Brivik Inc | Injury & Personal Law

LIZANNE VAN HUYSSTEEN

Lizanne has been exposed to and gained experience in the following fields of practice:

  • High Court civil procedure in both trial and application matters;
  • Attending court with Counsel and assisting counsel generally;
  • Arranging and attending consultations with clients together with Counsel;
  • Compiling briefs and instructions to Counsel;
  • Drafting opinions;
  • Obtaining a good working knowledge of the Rules of Court;
  • Performing inspections in loco;
  • Drafting pleadings, various notices and affidavits, including discovery affidavits;
  • Attending pre-trial conferences, negotiations, including settlement negotiations;
  • Preparing for trial and general litigation;
  • Personal injury claims;
  • Medical negligence claims.

She was admitted as an attorney of the High Court of South Africa on 8 June 2015.

The Team - Malcolm Lyons & Brivik Inc | Injury & Personal Law

URSULA PRINSLOO

A dedicated and passionate Law Graduate offering 29 years’ of experience in the Medical Field coupled with a strong interest regarding Medical Law. Ursula exudes professionalism, strong work ethic, and a high level of commitment in all tasks she performs. Displaying well-honed analytical skills, underpinned with the ability to communicate persuasively through a solid command of both the written and spoken word. Ursula is a valued team member who is able to work independently and as part of a team. Aspiring to complete her clerkship with an ambitious and high profile Company that would offer the opportunity for personal growth and career progression.

KEY SKILLS AND COMPETENCIES

  • Legal related issues i.e. Patient Safety.
  • File Audits.
  • All technical aspects of Nursing.
  • Clinical Risk Management.
  • Quality improvement and Systems Management.
  • Adverse Event Management which focusses on Patient Safety aspects.
  • Infection Control.
  • Staff Training.
  • Hospital Operations.
  • Client satisfaction.
  • Computer Literate.
  • Organisational Skills.
  • Change Management.
  • Process Improvement.
  • Critical Care Management.
  • Excellent attention to detail.
  • People Management and Interpersonal Skills.

PROFESSIONAL WORK EXPERIENCE

Mediclinic – March 2008 to Present

Clinical Risk Manager

  • Coordinated Infection Prevention and Control on a daily basis.
  • Managed the IC Net System (Infection Surveillance System) for pathogenic organisms.
  • Was responsible for the daily follow up of infected Patients and gave advice on these issues.
  • Isolation checks.
  • Developed training material.
  • Enforced Self Development.
  • Trained Staff.
  • Clinical file audits.
  • Was responsible for month-end reports for Infection Prevention and Control and Clinical Governance.
  • Meetings and Committees – Acted as Chairperson of IPC meeting and attended other relevant meetings: Clinical Governance.
  • Department of Health Liaison Officer – was responsible for weekly notification of Notifiable diseases.
  • Outbreak Management – active surveillance of problem pathogens and issued action plans for the way forward.
  • Developed policies and guidelines – Acted as regional representative for Clinical Governance: Infection Control Specialist.
  • Solved problems and handled logistics.
  • Monitored Quality improvements.
  • Enforced IPC campaigns e.g. TB and Hand Washing Campaigns.
  • Coordinated the Hospital’s Adverse Event System.
  • Graded and followed-up on daily events as they are received and prioritized.
  • Ensured Root cause analyses and action plans that addressed Patient safety risks.
  • Was responsible for mortality and morbidity audits and the quality improvement and implementation thereof.
  • Acted as link between Management and the rest of the Hospital, and visa versa.

Registered Nurse in ICU

  • Closely observed Patients, noting specific procedures and prescribed medication for each case.
  • Assisted Doctors in providing physical assessments and administering treatments.
  • Monitored vital signs and ensured the proper functions of feeding tubes, ventilators, catheters and other life support equipment.
  • Attended to the Patient’s overall needs, such as feeding, bathing and grooming, dressing replacement, medication intake, and comfort.
  • Provided clear directions and guidance for procedures and routines.
  • Provided support and education to the Patient’s family, answered questions, and gave vital instructions on how to care for the Patient.

EDUCATION

Bachelor of Laws (LLB): Law in General and Medical Law – 2015
University of South Africa (UNISA)

Medicine and Law – 2010
School of Law (University of South Africa – UNISA)

National Nursing Diploma in Midwifery – 1991

National General Nursing Diploma: Registered Nurse – 1990
South African Nursing Council (SANC)

National Certificate as enrolled Nurse – 1988

ADDITIONAL TRAINING AND COURSES COMPLETED

Internal Mediclinic Courses:

  • Infection Control
  • Advanced wound care
  • Patient safety
  • Client satisfaction
  • Complaint resolution
  • Risk Management
The Team - Malcolm Lyons & Brivik Inc | Injury & Personal Law

IN MEMORIAM : MR. LYONS

Founder: 1935 – 2018

In 1965 and with just a few files Mr Malcolm Lyons envisaged a practice solely devoted to assisting Plaintiffs in their litigation to recover damages for injuries they sustained at the hands of negligent third parties.

At the time this was a completely novel idea. There were various firms that practised insurance litigation but did not do so exclusively on behalf of Plaintiffs. Those firms at that time had not considered a fee agreement contingent on success in order to provide access to justice and access to the courts which would otherwise have been unavailable to the ordinary man in the street.

Mr Lyons on the strength of his own conviction pursued claims where he thought there was merit on behalf of Plaintiffs and was determined to rectify any injustice when he could. The claims were varied. Although a large part of the practice grew to include recovery of damages against the Motor Vehicle Fund and its successor for the Road Accident Fund arising out of injuries which clients sustained in motor vehicle accidents, this was by no means the sole purvey of the practise.

Within a short time Mr Lyons recognised that doctors were not impervious to mistakes and that their conduct could be below the standard and duty of care which was expected of them.

In the early years it was not easy for a patient to question the conduct of the treating doctor who may have been negligent, and to pursue a claim against that doctor. A mind set of the “doctor is always right” persisted.

Obtaining medical opinion from practising doctors was also extremely difficult. At first it was difficult to obtain co-operation from within the medical profession. Doctors closed ranks around their colleagues and it was almost impossible to obtain an opinion regarding the treating doctor’s conduct.

Mr Lyons over time was able to solicit opinions from the medical profession. It was the appeal to a sense of justice and of an undoing of a wrong which prevailed.

Mr Lyons also attended various conferences abroad to educate himself not only on how such litigation has been conducted in Europe and in the United States of America, but also by attending Medical conferences to better understand and equip himself medically to pursue claims on behalf of quadriplegics and patients with a brain injury. He imported this knowledge into the legal and medical fraternities of South Africa.

He applied this knowledge, to his many successful matters often having to educate not only persons within the medical profession, but also experienced litigators and judges on what would be negligent conduct and also what the day to day lives of the severely injured entailed.

It is this broad minded and innovative approach to the practice of law with the infusion of medicine that enabled him to successfully build his practice and the brand and to assist thousands of victims of personal injury during his career.

He has been described as an astute attorney with real class and style, a legend, a great teacher, dignified and generous.

The way in which you are remembered reflects the way in which you have conducted yourself in life.

We appreciate all your support, and kind words, and look forward to working with you in the future.

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