Medical Negligence Litigation
What are the key provisions of the new duty of candour laws? What are the implications for patients and doctors of sexual misconduct in the doctor’s office? What are the legal implications of combining traditional medicine with alternative therapies? These questions will be answered in detail in addition to catching you up on expert evidence in this not to be missed seminar. 223V11
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is based on VIC legislation
Chair: Peter Ryan, Director Legal Services, Chief Legal Officer, Monash Health
9.00am to 9.45am The Current and New Law: The Duty of Candour Imposed on Hospitals
- The duty of candour: why we need it/do we need it?
- Relevant policy background: key reports and government responses
- The big picture: interplay between candour obligations, new apology laws and protection for certain hospital investigations
- What it looks like: the high-level statutory principles and the supporting guidelines
- How does it interact with the existing open disclosure framework
- Potential individual legal exposure for breaching the corporate duty?
- Empowering the consumer: how it is going to work
- Consequences for hospitals and individual health professionals if the duty is breached or is alleged to have been breached
Presented by Bob Milstein, Principal, Milstein & Associates
9.45am to 10.30am Cardiac Failure and Medical Negligence Claims: Getting to the Heart of the Problem
- Causes of heart failure: mechanical, electric, congenital defect
- Genesis of claims:
- Failure to assess, diagnose and treat
- Failure to properly monitor and/or treat
- The involvement of the cardiologist and the electrocardiologist
- The use of pacemakers and implantable cardioverter-defibrillators (ICDs)
Presented by Dugald McWilliams, Barrister, Dever’s List; Preeminent Professional Indemnity Junior Counsel, Doyle’s Guide 2020 and Patrick Santamaria, Barrister, Dever’s List
10.30am to 11.15am Sexual Misconduct in the Doctor’s Office: Implications for Doctors and Patients
- Complaints process: AHPRA, Victoria Police and being a witness in a criminal investigation
- The complicated journey to compensation and compensation options
- Where are the chaperones now? Changes to the chaperone rules
- Recent cases and the impact on patients
Presented by Bree Knoester, Principal Lawyer, Brave Legal; Preeminent Work Injury Compensation Lawyer (Plaintiff), Doyle’s Guide 2020, and Jyoti Haikerwal, Lawyer, Brave Legal
11.15am to 11.30am Morning tea
11.30am to 12.15pm Peace, Love and Mung Beans Baby: The Legal Implications of Combining Traditional Medicine with Alternative Therapies
- Types of requests e.g. home births, lotus births and supplements
- Legal issues: informed consent, duty of care
- Recent cases
- Practical steps to mitigate risk
Presented by Melanie Harper, General Counsel, Peter MacCullum Cancer Centre
Professional Skills
12.15pm to 1.15pm Expert Evidence: Beyond the Report
- Briefing of experts
- Admissibility
- Interaction with the pleadings
- Waiver of privilege
- Recent cases
Presented by Tom Ballantyne, Partner, Maurice Blackburn; Recommended Medical Negligence Compensation Lawyer (Plaintiff), Doyle’s Guide 2020 and Patrick Over, Barrister, List G Barristers
Presenters
Bob Milstein
Bob is a practicing health lawyer, with a background in medical negligence litigation. He is also involved in a business that provides training on clear writing/plain English writing. With a background in professional medical negligence litigation, Bob has long been aware that clear communication — or its absence — often lies at the heart of legal disputes. This awareness triggered his original interest in plain legal communication. His involvement in open disclosure goes back many years, to when he was the primary author of the legal review that underpinned and informed the creation of the original National Open Disclosure Standard (as it was then known).
Dugald McWilliams
Dugald specialises in common law, insurance and commercial matters including industrial accidents, transport accidents, medical negligence, general insurance, product liability, professional negligence, inquests and class actions at trial (both before juries and Judge alone) and appellate level. He is ranked by Doyle's Guide as preeminent junior counsel in Victoria in the field of insurance law. Dugald was admitted in New South Wales in 1997 and worked as a solicitor in Sydney, London and Melbourne before coming to the Bar.
Patrick Santamaria
Patrick Santamaria practices predominantly in common law, medical negligence, institutional abuse, traffic accident and work injury matters. He appears at commissions, inquires, and disciplinary proceedings, as well as in criminal law matters. Prior to signing the Bar Roll, Patrick was a solicitor at Galbally & O’Bryan. He worked on a wide range of common law proceedings for both Plaintiffs and Defendants, with a focus on Plaintiff’s medical negligence proceedings. He holds a Bachelor of Arts and Juris Doctor from the University of Melbourne. He is reading with Dugald McWilliams and his senior mentor is Jeremy Ruskin QC.
Bree Knoester
Bree Knoester is the founder of Brave Legal and one of Australia’s leading personal injury lawyers. Bree has represented clients in some of Victoria’s largest compensation settlements. In recognition of her experience and exceptional client results, Bree has won numerous industry awards including ‘Lawyer of the Year’ in Personal Injury Litigation (Best Lawyers® in Australia 2020), Preeminent practitioner – Asbestos & Dust Diseases Compensation (Doyle’s Guide 2020), Preeminent practitioner - Work Injury Compensation (2020), and Partner of the Year Finalist - Litigation (Lawyer's Weekly 2019). Bree is regularly approached by the media for commentary on high-profile cases and as a spokesperson for the most seriously injured.
Jyoti Haikerwal
Since 2017, Jyoti has achieved substantial settlements for clients injured as a result of medical negligence. Jyoti also has experience in public liability claims and an interest in Coronial Inquests, nursing home neglect and cases involving children. Jyoti enjoys applying the law to complex medical situations and thrives on working hard to understand every aspect of her client’s case. This often requires mastering a knowledge of anatomy, surgical techniques, infection control, nursing care and emergency medicine.
Melanie Harper
Melanie Harper is the General Counsel for the Peter MacCallum Cancer Centre. She is an experienced health and commercial lawyer and is committed to the lawful, ethical and compassionate delivery of public healthcare. Melanie previously served as Senior Legal Counsel at Eastern Health and prior to that enjoyed a substantial career in private practice, including acting as Senior Associate at Ryan Commercial Lawyers (now merged with Wisewould Mahony Lawyers).
Tom Ballantyne
Tom Ballantyne is a Principal Lawyer and the head of Maurice Blackburn’s medical negligence department in Victoria. He is a Law Institute of Victoria Personal Injury Accredited Specialist, is listed in the prestigious Doyles guide, and is the Australian Lawyers Alliance Victorian President. Tom runs complicated litigation across all areas of health care – obstetrics, delay in diagnosis, orthopaedics and emergency departments. Tom also represents families at Coronial Inquests, acting on behalf of the families of people who have died following poor medical treatment.
Patrick Over
Patrick Over has a broad civil practice with a speciality in litigating personal injuries cases involving scientific, medical and mathematical issues, and appearing in cases arising from legal practice including disciplinary proceedings.
Peter Ryan
Peter Ryan is Chief Legal Officer and Director of Legal Services at Monash Health, which is the largest public health service in Victoria. His previous roles include as Senior Legal Counsel at Transport Accident Commission and WorkSafe Victoria, and as Executive General Manager Insurance Services at VMIA, where Peter was responsible for Victoria’s public sector insurance, reinsurance and claims programs. In that capacity his responsibilities included managing the State’s insurance response to Black Saturday, underwriting the public health sector medical indemnity program, and establishing insurance and compensation programs for survivors of sexual abuse and workers and their families exposed to asbestos and other toxins. Peter is an experienced advocate and an LIV accredited Personal Injury Specialist.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court