Medical Negligence in 2022
The big medical negligence issues all in a half day program. This comprehensive examination of carefully curated topics is a gift to any lawyer with a medical negligence practice. From a consideration of the consequences of COVID-19 to medical malfeasance to an update on wrongful birth claims, medical device failure, the principal of non-delegable duty of care and the interpretation of s5O, this seminar will enlighten and update you on the latest in medical negligence. 222N07
Description
Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation
Chair: Bill Madden, Special Counsel, Carroll & O'Dea Lawyers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am COVID-19: Dealing with Expectations and Ripple Effects
- Principles relating to applications for court ordered treatment by hospitals
- An overview of law relevant to claims of delayed diagnosis/treatment in the context of the pandemic
- Risks that may arise with changes to models of care
Presented by Dr Tamsin Waterhouse, Barrister, Maurice Byers Chambers
9.50am to 10.35am Wrongful Birth Claims: Are They on the Increase and Where to from Here?
- Will developments in technology lead to more or fewer claims?
- The extent of and content of common law duties owed with respect to conception and pregnancy
- Will developments in the common law and statute result in greater or lesser damages awards?
- Statutory causes of action
Presented by Richard O’Keefe, Barrister, Maurice Byers Chambers
10.35am to 11.20am Class Actions in Medical Device Failure: Some Common Themes
Discuss the factors which have been identified across some recent and notable cases of medical device failure.
- Causes of action
- Defences
- Damages assessments
- Class action procedural considerations
- Precautionary measures expected to be taken by medical device manufacturers, including:
- Research and development
- Monitoring health hazards associated with their product
- Warning about the risks associated with the device
- Withdrawing the product from the market
- The location and detail of warnings accompanying the medical device
- The manufacturer’s compliance with ‘mandatory’ regulatory standards
- Evidentiary issues including locating reliable data to demonstrate device failure
- An examination of the cases:
- Gill v Ethicon Sárl [No 5] [2019] FCA 1905 (mesh)
- Gee v DePuy [2018] EWHC 1208 (QB), and DePuy Orthopaedics Inc Pinnacle Hip Implant Products Liability Litigation (metal on metal hip implants)
- Krumpelbeck v Breg Inc, 491 Fed Appx 713 (6th Cir, 2012), Mack v Stryker Corp, Rodriguez v Stryker Corp 748 F 3d 845 (8th Cir, 2014) (pain pump cases)
- Courtney v Medtel Pty Ltd [2003] FCA 36 (pacemaker)
- Ebrahimi v Mentor Worldwide LLC CD Cal, No 16-cv-7316, 15 September 2017, and Gravitt v Mentor Worldwide LLC 289 F Supp 3d 877 (breast implants)
Presented by Andrew Naylor, Barrister, Maurice Byers Chambers and Rosemary Listing, Special Counsel, Catherine Henry Lawyers
11.20am to 11.35am Morning Tea
11.35am to 12.20pm Evidentiary Issues in Delayed Diagnosis of Breast Cancer Cases
Presented by Kasarne Burgan, Principal Solicitor/Director, Burgan Lawyers, Accredited Specialist Personal Injury, Recommended Personal Injury Lawyer, Doyle’s Guide 2021
12.20pm to 1.05pm What’s in a Practice? Section 5O After McKenna
- Setting the scene: restoration of the Bolam standard of treatment by Section 5O of the Civil Liability Act 2002
- Discussion of the significant restriction to the standard of treatment brought about by the decision of Mckenna v Hunter New England Local Health District
- A review of post Mckenna jurisprudence
Presented by Dr Ada Lim, Barrister, St James Hall Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
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 Fellow of the Australian Academy of Law. He is a co-author of four books; Institutional abuse of children; Legal remedies and redress in Australia; Australian Medical Liability 4th Edition; National Disability Scheme Handbook; and Health Care & the Law 6th edition. Bill is listed in the 2021 Doyle’s Guide as a ‘Preeminent’ practitioner in the area of Leading Medical Negligence Compensation Lawyers (Plaintiff) NSW.
Dr Tamsin Waterhouse
Dr Tamsin Waterhouse was admitted as a solicitor in 2015 and is qualified in medicine, management and law. Called to the Bar in 2021, Tamsin focuses on Coronial inquests, medical negligence and professional discipline matters. Tamsin worked as a GP before specialising in medical administration and has held senior health positions, most recently Medical Executive Director for Northern Sydney Local Health District (NSLHD). Her executive experience gives her an exceptional ability to provide expert and pragmatic advice to clients. Tamsin has been at the forefront of managing COVID-19 outbreaks, sometimes as Acting Chief Executive of NSLHD, so she brings a unique perspective to considering medical and legal aspects of the pandemic.
Richard O’Keefe
During 20 years at the NSW Bar, Richard has specialised in common law litigation with special interest in medical negligence. He has been a contributor to the LexisNexis Practical Guidance Online Legal Research publication and is a regular presenter at continuing legal education seminars. Richard has a particular interest in novel legal claims involving wrongful birth, mental harm and patient consent. Richard appears in the Supreme Court and District Court of New South Wales and the courts of other states and territories. Richard was recognised by the Doyles List as a Recommended Insurance Junior Counsel in 2019 and as Preeminent Junior Counsel in Insurance Law in 2020 and 2021.
Andrew Naylor
Andrew Naylor is a Barrister at Maurice Byers Chambers. He was called to the Bar in 2002 and practices in a range of areas including: health law and medical negligence; common law; class actions; administrative and public law; commissions of inquiry and inquests; human rights; professional disciplinary matters; and consumer law. Andrew was a member of the counsel team for the applicants in the pelvic mesh class action brought successfully against Ethicon Sàrl, Ethicon Inc and Johnson & Johnson Medical Pty Ltd. Andrew was Counsel Assisting the Royal Commission into Institutional Responses to Child Sexual Abuse. Andrew has appeared as both Counsel Assisting and for witnesses appearing before the Independent Commission Against Corruption (ICAC) and the Police Integrity Commission (PIC). Before being called to the Bar, Andrew was Commission Solicitor to the PIC, a solicitor assisting the Royal Commission into the Police Service and a senior lawyer with the Australian Law Reform Commission. Andrew is Chairperson of the Human Rights Council of Australia Inc and was a Foundation Editor of the Australian Journal of Human Rights.
Rosemary Listing
Rosemary is a senior lawyer in the firm’s highly regarded health law team. Whilst primarily involved in the conduct of medical negligence litigation, Rosy also provides specialised advice on consumer law remedies including in claims arising from faulty medical devices. Rosy has helped hundreds of women whose lives have been impacted through negative cosmetic surgery and is conducting a major role in the large scale cosmetic surgery litigation being handled by the firm. Prior to her time in private practice, Rosy worked as a research assistant to Norman Palmer KC and Justice Sackar of the Supreme court of NSW.
Dr Ada Lim
Prior to coming to the Bar, Ada worked as a medical practitioner for over a decade, as a solicitor in a boutique litigation firm, and as a casual academic and research student in computer science. Ada also holds a private pilot’s license and is working toward her second and third FAI Diamonds in sailplanes. Ada is also a designated aviation medical examiner.
Karsarne Burgan
Kasarne is the founder and Principal Solicitor of Burgan Lawyers, a boutique firm specialising in personal injury litigation. She has more than 20 years’ experience working in this field, both in Sydney and London. Prior to starting her own firm, Kasarne gained valuable experience at Stacks/Goudkamp, becoming a Director there before leaving in 2014 to take up a position leading a medical negligence team. Throughout her career, Kasarne has written for Lexis Nexis Practical Guidance and the Thomson Reuters Goudkamp Morrison Personal Injury Manual. Both Kasarne and Burgan Lawyers have been acknowledged by Doyle’s Guide as a leading and recommended medical negligence and compensation lawyer for the past six years.
Venue
Cliftons - Spring Street
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km