Psychiatric Injuries: Proving Your Case & Damages
"Issues covered include: quantum, psychiatric injury, duty of care, Wrongs Act, negligence, breach, causation, pleadings, discovery, trauma compensation, transport accidents, reasonable management action
Description
Elevate your ability to prepare, present & establish or defend against psychiatric injury claims by examining the latest updates in quantum, negligence, duty of care, and Wrongs Act thresholds. Master the ins &outs of pleadings, discovery & evidence. Dissect compensation for workplace trauma or transport accidents involving psychiatric injuries. Finally, gain an edge with a unique session from a leading psychiatrist on medical evidence.
Attend and earn 3 CPD units including:
1.5 units in Substantive Law
1.5 units in Professional Skills
This program is based on VIC legislation
Chair: Ray Ternes, Barrister, Lennon’s List
2.00pm to 2.45pm: Quantum, Negligence, Duty of Care & Thresholds
- An analysis of awards of quantum across recent psychiatric injury cases
- Duty of care in psychiatric cases: a review of recent personal injury decisions covering duty and scope of duty – who owes a duty of care in relation to a psychiatric injury and to what extent?
- Wrongs Act thresholds amendment and application in light of the case of Thompson: applications to psychiatric injury cases
Presented by Nicholas Mann, Principal, Polaris Lawyers
Professional Skills
2.45pm to 3.30pm: Preparing & Establishing Psychiatric Injury Cases
- Establishing duty of care, breach and causation
- The importance of getting an accurate history before issuing proceedings
- Obtaining all clinical records as early as possible
- Pleadings
- Discovery (including accessing texts and other forms of electronic evidence)
- Knowledge of DSM-5
Presented by Campbell Hangay, Barrister, Lennon’s List
3.30pm to 3.45pm: Afternoon Tea
3.45pm to 4.30pm: Compensation for Trauma in the Workplace and from Transport Accidents
- Overcoming the ‘reasonable management action defence’ in the WIRC Act for psychiatric injuries
- Accessing damages for psychiatric trauma inflicted in negligent workplaces
- Managing claims for compensation for psychiatric trauma arising from transport accidents
Presented by Genna Angelowitsch, Special Counsel, Adviceline Injury Lawyer
Professional Skills
4.30pm to 5.15pm: THE MEDICAL PERSPECTIVE: Psychiatric Injury Experts: Beyond Claimant History
- Subspecialties: choosing a mental health expert
- The limitations of clinical tests in a forensic setting
- The importance of medical records in psychiatric evaluations
- Getting the most value from an expert medical witness and evaluating an opponent’s expert witness
- Red flags in psychiatric evaluations
Presented by Leon Turnbull, Psychiatrist