Tom Hayes

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Tom is a partner in the Commercial Litigation and Dispute Resolution Department and head of the Healthcare Law Group at Matheson Ormsby Prentice. Until March 2007, he was a partner at a leading London healthcare firm Capsticks, where he spent eight years practising as a medical malpractice and professional disciplinary lawyer.

During the course of his career he has advised a number of hospitals, healthcare organisations, professionals and their insurers concerning medical malpractice litigation in high value and complex cases as well as offering general advice on healthcare-related issues.

He has worked extensively with clients on developing strategies to ensure cases are dealt with efficiently and cost effectively with an emphasis on minimising legal spend and, in appropriate cases, resolving claims quickly. He has a strong interest in alternative dispute resolution and has successfully mediated a number of claims. Tom also has extensive experience as a professional disciplinary lawyer, for many years leading a team of solicitors in the investigation and prosecution of cases on behalf of a large healthcare regulatory body. Areas covered have included poor clinical performance, misconduct and large scale fraud.

He is an accomplished advocate and has presented numerous applications concerning the interim suspension of practitioners where public protection and the reputation of the profession has been an issue. He has also represented and defended clients on a number of unrelated specialist list applications where complex issues regarding training and entry requirements to the healthcare profession and its specialties have been considered in the context of European legislation.

Tom has lectured extensively on healthcare related topics concerning risk management and the management of claims generally. He has also recently been involved in the training of Professional Conduct Committee members and expert witnesses with an emphasis on raising standards in professional regulation. Some topics he has spoken on in the past include reducing medication errors; risk management and nurse led discharge; learning lessons from untoward incidents in claims; professional accountability, delegation and supervision in the healthcare sector; what could possibly go wrong? Legal risks of clinical practice; clinical risk management in surgery; litigation tactics and the growth of mediation, managing high value claims for cerebral palsy – lessons from past cases and working with experts and experts’ reports

Tom is a member of the Forum of Insurance Lawyers (FOIL) and The Association of Regulatory and Disciplinary Lawyers (ARDL).

Tom Hayes has been cited by Insurance: European Legal 500 2010 as ‘excellent at dealing with difficult cases, responding with both enthusiasm and ready humour’ say sources.

He has a BA Law and Politics, and qualified as a solicitor in England and Wales (non-practising) and VIC and NSW Australia (non-practising).

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