Psychiatric Injury Claims: Back to Basics
If you are new to or only recently started running or defending psychological injury claims or would like a refresher, then join a prominent psychiatrist working in the field, senior counsel, and leading experts in the area who will walk you through the fundamentals of the medicine, the law, and how it all fits together. WEB226V09
Description
Attend and earn 4 CPD units including:
2 units in Substantive Law
2 units in Professional Skills
This program is based on VIC legislation
Chair: Michael Lombard, Principal, Lombard Mediation
9.00am to 9.45am Fundamentals of the Law Relevant to Psychological Injury Claims
- 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)
Presented by Tim Tobin KC, Lennon’s List
9.45am to 10.00am Morning Tea
Professional Skills
10.00am to 12.00pm IN-DEPTH INSIGHTS FROM THE MEDICAL PERSPECTIVE: Understanding the Medicine and the Roles of the Psychiatric Expert in Mounting or Defending a Claim
- Scope of the work
- Diagnostic systems
- Types of treatment
- Typical workplace and motor accident psychiatric injuries
- Psychiatric assessment regarding workplace, transport accident and personal injury claims
- A brief comment on the relevant legislation
- Requirements of the referral source with examples including WorkCover agents, the TAC, MAA, MAC etc, plaintiff's solicitors and other bodies including Health Complaints Commission, Insurance Companies and others
- Understanding how the psychiatrist prepares the report
- Psychiatric Impairment Guides used in Australia: a brief overview
- Court issues for psychiatrists
- Direct examination
- Cross examination
- Conclaves and concurrent evidence
Presented by Dr Michael Epstein, Psychiatrist
12.00pm to 12.45pm Assessing Damages for Psychiatric Injuries
- General damages: specific issues for psychiatric injuries
- Methods for assessing the future economic loss
- Future treatment and out of pocket expenses
- Damages for care
- Presentation of evidence at trial
Presented by Mary Ann Hartley KC, Dever’s List
12.45pm to 1.15pm PANEL DISCUSSION: Q&A with the Experts
Join a panel of psychiatric injury experts as they share their guidance, strategies & tips. Don’t miss this opportunity to bring your questions and gain crucial insights you can implement in your practice.
Facilitated by
Michael Lombard, Principal, Lombard Mediation
Panel includes:
Dr Michael Epstein, Psychiatrist
Tim Tobin KC, Lennon’s List
Mary Anne Hartley KC, Dever’s List
Presenters
Michael Lombard
Michael Lombard is a mediator specialising in personal injury claims at Lombard Mediation. Michael was formerly a Partner at Adviceline Injury lawyers when he was awarded Personal Injury Lawyer of the year 2019 by Best Lawyers in Australia. He was previously involved in high profile cases such as the Bourke street rampage and the Flinders street tram stop attack, as well as a variety of public liability and industrial accident cases. He attained accreditation in Mediation in 2013 and now practices exclusively as a mediator. Michael has also served as a director of the Law Institute and is a current member of the Law Institute ethics committee. He was a Trustee of Lawaid for 10 years, four of which he acted as chairman.
Tim Tobin KC
Tim Tobin KC was called to the Bar in 1983 and since taking silk in 2002, has mainly acted in personal injury litigation including bushfire and major tort class actions. He is a foundation member of the Australian Lawyers Alliance and a long term member of American Association for Justice (previously ATLA) and APIL. He is also a past member of the Victorian Bar Council, member of the LIV/AMA VicBar, Medico Legal Committee and on the board of the College of Law.
Dr Michael Epstein
Dr Michael Epstein has been a psychiatrist since 1975 and a Fellow of the Royal Australian and New Zealand College of Psychiatrists since 1976. He is the founding director of the Austin Hospital Crisis Service. He was consultant psychiatrist to Fairlea Women's Prison between 1990 and 1996. He was Honorary Secretary of the Royal Australian and New Zealand College of Psychiatrists between 1991 and 1997. He is a co-author of the Guides to the Evaluation of Psychiatric Impairment for Clinicians (GEPIC). He has trained approximately one hundred and fifty psychiatrists in their use. He has been a consultant to the Western Australian Government, the South Australian government and a consultant to the Commonwealth Government on Mental Health Service Issues. He has been a trainer in the Psychiatric impairment rating Scale (PIRS] for the New South Wales WorkCover Authority and the Motor Accidents Authority. He is a member of the Victorian Medical Panel and the Forensic Leave Panel, the Joint Medical Examination committee and the AMA/VWA/TAC Committee. He has a particular interest in stress-related illness. He has written extensively on medico-legal matters and is the author of The Guide to Civil Assessment Psychiatry.
Mary Anne Hartley KC
Ms Hartley joined the Victorian Bar in 1997 following a 14 year career, mostly at partner level, in a national law firm where she practiced in shipping, insurance and health law. Mary Anne took silk in 2009 following which her practice has focused on common law jury trials. She is a reviewer for the Medical Journal of Australia. In 2001, Mary Anne was awarded a Centenary medal for services to governance and the law.