Medical Negligence Under the Microscope
212N09: Whether you are working in a broad based personal injury firm, run a boutique medical negligence practice or represent insurance companies, this seminar will enlighten and update you on the latest in medical negligence. Examine the intricacies of expert evidence and reports. Explore the practicalities of the law regarding information and warnings. Catch up on key issues related to wrongful birth and cosmetic medical negligence claims.
Description
Attend and earn 4 CPD units including:
3.5 CPD units in Substantive Law
0.5 CPD units in Professional Skills
This program is based on NSW legislation
Chair: David Hirsch, Barrister, Second Floor Selborne Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Recent Developments in Medical Negligence Practice
- S5I, s5D(3), and s5O of the Civil Liability Act
- Damages in Compensation to Relatives Act claims
- Limitation defences: discoverability, the longstop period, interrogatories
- Court orders for medical examinations
Presented by Ian Butcher, Barrister, Maurice Byers Chambers
9.50am to 10.35am Three Prevailing Uncertainties in Wrongful Birth Claims
- Duties in the context of genetic advice
- Damage recoverability in novel cases, such as IVF errors
- Quantification of damages questions
Presented by Bill Madden, Special Counsel, Carroll & O’Dea; Adjunct Fellow, Western Sydney University, School of Law and School of Medicine
10.35am to 11.20am Under the Knife: What Can Go Wrong in the Quest for Beauty?
- The training and qualifications of the defendant doctor: Does it matter?
- Who is your expert going to be and why?
- Two case studies:
- Cosmetic surgery following massive weight gain
- Cosmetic surgery following massive weight loss
Presented by Maddalena Del Vecchio, Partner, Moray & Agnew
11.20am to 11.35am Morning Tea
Professional Skills
11.35am to 12.20pm Practical Tips for Expert Reports and Expert Evidence in Medical Negligence
- Selection of multiple experts within the one speciality
- Use of medical reports of treating doctors vs independent experts
- Preparation of expert reports after conclaves
- Avoiding accusations of hindsight bias in preparation of expert reports
Presented by Richard O’Keefe, Barrister, Maurice Byers Chambers; Recommended Insurance & Personal Injury Law Junior Counsel, Doyle’s Guide 2020
12.20pm to 1.05pm Information and Warnings in Medical Practice
- What warnings and information do doctors have to provide?
- Do doctors have to warn about alternative treatments?
- The interplay between sections 5O and 5P of the Civil Liability Act 2002 (NSW)
- The duty to inform and medical devices
Presented by David Hirsch, Barrister, Second Floor Selborne Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Testimonials
“All topics were relevant to practice with excellent case study examples”
“Well organised program, excellent speakers, very knowledgeable and great speakers”
“Very informative, well-researched and well-presented. Great range of topics.”
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia
Presenters
Ian Butcher
Ian Butcher practised in medicine for some years full-time including a year as a Flying Doctor at Broken Hill and a year as a paediatric registrar in France. He practised as a solicitor at the former Blakes (now Ashurst), and then as a barrister in medical negligence, in which he has specialised for over 25 years. He spent 17 years on the Ethics Committee of Children's Hospital at Westmead, is a past president of the NSW Medicolegal Society, and a long-time Director of Barcover, a disability insurer for barristers. He practises at Maurice Byers Chambers, of which he is a former chairman.
Bill Madden
With over 30 years of extensive civil liability litigation experience, Bill Madden is well known across Australia for his work in medical negligence and institutional abuse law. He is an accredited specialist in personal injury law, is accredited as a mediator under the National Mediator Accreditation System (NMAS) and is a member of the Law Society Mediator’s Panel. He is a co-author of four books; Institutional abuse of children; Legal remedies and redress in Australia; National Disability Scheme Handbook; Australian Medical Liability 3rd Edition and Health Care & the Law 6th edition. Bill is listed in the 2020 Doyle’s Guide as a ‘Preeminent’ practitioner in the area of Leading Medical Negligence Compensation Lawyers (Plaintiff) NSW.
Maddalena del Vecchio
Maddalena Del Vecchio provides advice and acts in matters across all aspects of health law including defending civil claims, disciplinary complaints, hospital inquiries, coronial inquests, Medicare inquiries and employment disputes. Maddalena also has experience in advising on policy interpretation and providing indemnity advice to insurers. Maddalena has been involved in several special inquiries including the NSW Parliamentary Inquiry into off protocol prescribing of chemotherapy and a discrete inquiry by the NSW Minister for Health into a department of a Sydney Hospital. Maddalena is listed in the 2020 Doyles Guide as a Recommend Lawyer in the area of Medical Negligence and Malpractice (defendant) NSW.
Richard O’Keefe
Richard O'Keefe practiced as a solicitor in Melbourne and Sydney for 6 years before joining the New South Wales Bar in 2000. Richard has been in full time practice in New South Wales since 2000, principally advising and appearing for both plaintiffs and defendants in medical negligence and other professional indemnity claims, commercial insurance disputes, building and construction disputes, motor vehicle and public liability personal injuries claims and coronial inquests. Richard is a member of the Australian Lawyers Alliance, Medico Legal Society of NSW and a voluntary member of the Sydney/ACT AFL Disciplinary tribunal.