Psychiatric and Psychological Injury: Damages & Medical Evidence
Issues covered include: common law damages, Psychiatric injury update, recent trends, damage awards, neuropsychology, neuropsychological assessment, traumatic brain injury, effects of brain injury and invalid responding, preparation, duty of care, breach, causation, pleading, discovery, DSM-5, workers compenation recent case update, employer liability
Description
Take an in depth look at the preparation of cases, the latest trends in damages awards, and the most important recent cases in the area. Plus gain an advantage in your matters with unique medico-legal sessions examining brain injuries and invalid responding and a deep dive into the psychiatric claimant. The level of skill required to meet your client’s needs should never be underestimated, so attend and stay at the top of your game.
Attend and earn 4 CPD units including:
2.5 units in Substantive Law
1.5 units in Professional Skills
This program is based on NSW legislation
Chair: Mick Franco, Partner, Bartier Perry
9.00am to 9.05am: Opening Comments by the Chair
9.05am to 9.50am: Common Law: Damages and Other Recent Key Trends in Psychiatric Injury
Consider recent trends in damages awards and other significant developments in the common law.
Presented by Tim McKenzie, Barrister, William Deane Chambers
Professional Skills
9.50am to 10.35am: Neuropsychology in Medico-Legal Settings: Differentiating Brain Injury and Invalid Responding
- What is neuropsychology and how does it differ from clinical psychology and psychiatry?
- When to use a neuropsychologist in an injury claim
- The neuropsychological assessment of traumatic brain injury
- Assessment of suboptimal effort
- Differentiating the effects of brain injury and invalid responding
Presented by Associate Professor Jennifer Batchelor, Director, Clinical Neuropsychology, Macquarie University
10.35am to 10.50am: Break
10.50am to 11.35am: Preparation of 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 Simon Grey, Barrister, Maurice Byers Chambers
11.35am to 12.20pm: Psychiatric Injury Litigation Update
A review of recent case law in workers compensation disputes and work injury damages matters regarding the liability of employers for psychiatric injuries sustained by their employees.
Presented by Craig Tanner, Barrister, Henry Parkes Chambers
Professional Skills
12.20pm to 1.05pm: The Psychiatric Claimant: The What, Who and How
- The distinction between symptoms, subsyndromal and disorder: When are symptoms/ subsyndromal states a diagnosis in partial remissioan?
- When is a psychiatric disorder a primary disorder or a secondary disorder? When is this relevant and why?
- Aetiology in psychiatric injury cases
- The differences between vulnerability factors
- resolved pre-existing disorders
- active pre-existing disorder
- asymptomatic disorders
- A brief outline on the medical concept of causation and how this influences independent assessments
- Stabilisation in the psychiatric claimant
- When is the claimant stabilised?
- What should determine stabilisation?
Presented by Dr Patricia Jungfer, Psychiatrist
1.05pm to 1.15pm: Final Q&A and Closing Comments by the Chair