Medical Negligence Fundamentals with the Experts
Do you want to brush up on the essentials of medical negligence law? Attend this seminar to hear from experienced medical negligence lawyers who will share their knowledge and experience on the important issues from the start to the end of a matter. Examine causation, breach of duty of care, gathering the medical evidence, how to successfully defend a claim, and gain strategies to ensure your case settles at mediation or is winnable at trial. WEB2111N06
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Professor John Devereux, Professor, TC Beirne School of Law
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Completing the Medical Law Jigsaw: Ensuring Your Causative Case Aligns
- What practitioners need to do to establish the causative elements of a case
- An overview of the evidentiary considerations and burden of proof on causation
Presented by Clare Eves, National Practice Leader, Medical Law and Alice Robinson, Practice Leader Victoria, Special Counsel, Medical Law, Shine Lawyers
9.50am to 10.35am Pleadings in Medical Negligence Litigation
- Formulating and conceptualising duties of care
- Identifying breaches of duty
- Causation where there are uncertainties
- Multiple potential contributors to harm
Presented by Dr Ian Freckelton AO KC, Foley’s List
10.35am to 11.20am Gathering the Medical Evidence and Briefing the Medical Experts
- How do I find the right expert?
- What do I give the expert and how do I get it?
- What questions should I ask the expert?
- Pet peeves about expert evidence!
Presented by Julian Johnson, Principal, Julian Johnson Lawyers; Pre-eminent Medical Negligence Compensation Lawyer (Plaintiff), Doyle’s Guide 2020
11.20am to 11.35am Morning Tea
Professional Skills
11.35am to 12.20pm The Defendant’s Perspective on How to Successfully Defend or Resolve a Claim
- Taking instructions from the client: identifying strengths and weaknesses in the claim
- Making the call: settle or defend
- Quantifying damages
- Negotiation
Presented by Grant Thomas, Senior Associate, Avant Law
Professional Skills
12.20pm to 1.05pm Ensuring Your Medical Negligence Case Settles at Mediation or is Winnable at Trial
- What role should counsel have in gathering the evidence and the drafting of pleadings in such cases?
- Practical advice on mediation including;
- Preparation
- Openings
- Issues to be raised or avoided
- Strategies and tactics relevant to in person and AVL/Zoom mediations
- When and how to use the mediator
- Successfully navigating a settlement at mediation
- Post-mediation checklist and trial preparation
Presented by Peter D'Arcy-King, Barrister, Fourth Floor Selborne Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Professor John Devereaux
John Devereux is the TC Beirne School of Law Professor of Common Law. He teaches and researches the law of torts. He has a special interest in medical law, most notably in the areas of competency to consent to medical treatment and in epilepsy and the law. Professor Devereux is an Honorary Fellow of the Australasian College of Legal Medicine. Professor Devereux currently serves as a Member of the Administrative Appeals Tribunal. Professor Devereux is a former Defence Force Magistrate. He has served with the Australian Defence Force in the Australian Army (infantry) and in the Air Force (legal category). He has seen active service in Iraq and Afghanistan.
Clare Eves
As National Practice Leader of Shine Lawyers’ medical law practice, Clare leads a national team of expert medical negligence lawyers, possessing over 75 collective years of practice. Clare specialises in brain and spinal injury claims, in particular, cases involving birth trauma resulting in Cerebral Palsy, delayed or misdiagnosis of serious spinal conditions resulting in paralysis, and misdiagnosis and delayed diagnosis of strokes or infections of the brain such as meningitis involving serious brain injury.
Alice Robinson
Alice Robinson is a Special Counsel and the Practice Leader of Shine Lawyers’ Victorian Medical Negligence team. Alice is an expert in medical negligence claims and assists her clients pursue claims for lump sum compensation. Alice’s expertise includes acting for clients who have suffered catastrophic back injuries, brain injuries, cosmetic injuries, birth injuries, delayed diagnosis of illness and children with cerebral palsy. In addition to medical negligence, Alice has practised across the personal injury law spectrum during her career, including in WorkCover, Motor Vehicle Accidents, Public Liability and Superannuation
Dr Ian Freckleton KC
Dr Freckelton is an experienced silk who practises in a broad range of areas throughout Australia and internationally in cases which require a high level of strategic skills and close analysis of technical material in the form of expert evidence. Dr Freckelton has appeared in many significant cases at trial and appellate level in health law and practitioner negligence and malpractice for both plaintiffs and defendants. He is a member of Victoria's Mental Health Tribunal, editor of the Journal of Law and Medicine, co-editor of Tensions and Traumas in Health Law 2017, Disputes and Dilemmas in Health Law 2006 and Controversies in Health Law1999.
Julian Johnson
Julian has developed a particular interest and expertise in medical (and other professional) negligence litigation during his career as a lawyer since he was admitted to practice in 1989.
Julian has appeared on behalf of patients in more than 50 trials in Western Australian Courts, including the District and Court of Appeal. In a previous incarnation, he was a well-known local rugby union player! He is now Perth’s best-known medical negligence lawyer, on the health consumers side of things. He is WA’s only medical negligence lawyer to be rated as a leading national lawyer in this area by Doyle’s Guide.
Peter D'Arcy-King
Peter D’Arcy-King was called to the Bar in 2009 after working as a solicitor in NSW for 10 years, and more than 15 years as a registered nurse in a variety of clinical settings around Australia.
He has lectured in medical malpractice and developed a law course for nursing students in Queensland. Over the years he has published multiple articles in the Health Law Bulletin, Civil Liability Bulletin and ALA Precedent and presented papers at the NSW College of Law. He has been involved a number of reported cases including Doberson v Halverson (2006) 70 NSWLR 151 and Fede v Gray [2018] 98 NSWLR 1149.
Grant Thomas
Grant is a senior solicitor in the Medical Indemnity team at Avant Law. Grant assists members of Avant by providing legal advice and civil claims brought by patients. Grant also assists members with regulatory matters. Prior to his arrival at Avant Law, Grant was employed in private practice, where he defended personal injury claims on behalf of large insurers throughout Australia. He has experience running medical negligence claims, as well as public and product liability matters. Before his admission as a solicitor, Grant was employed by WorkCover Queensland in its statutory claims team and also at the Accident Compensation Corporation (ACC), the no fault insurance provider in New Zealand.