Medical Negligence Masterclass Series

This Medical Negligence Masterclass Series offers you the opportunity to deepen your knowledge and understanding of two areas of medical negligence our past delegates have identified as being the most topical and challenging for lawyers with a medical negligence practice - cosmetic surgery and obstetrics negligence claims. Join live online or register to receive the recordings. WEB2211N08Z

Description

Attend and earn 5 CPD units including:
3 units in Substantive Law
2 units in Professional Skills

This program is applicable to practitioners from all States & Territories

If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.

Session 1

Thursday 3 November 2022

Spotlight on Cosmetic Surgery Claims

Chair: David Higgs SC, 12 Wentworth Selborne Chambers

Professional Skills
The Medicine Explained

  • Understanding surgical training & titles
    • training and qualifications
    • cosmetic surgeon vs plastic surgeon
    • regulation of the cosmetic surgery industry
  • Explanation of relevant medical terms
  • Exploration of the types of medical mishaps that result in claims being initiated
  • Case studies

Presented by Dr Gavin Sandercoe, Plastic Surgeon

Pre-recorded with question submission available to attendees

Discussion and Q & A
David Higgs SC
 will facilitate a discussion and Q & A after Dr Sandercoe’s Presentation

10.45am to 11.30am Consent and Breach in Cosmetic and Plastic Surgery Cases

  • Pre-surgery consultations; rights of a patient and duties of a doctor
  • Adequacy and reasonableness of surgical procedures
  • Post- surgery care, follow up and treatment
  • What constitutes negligence

Presented by Simon Grey, Barrister, Maurice Byers Chambers

11.30am to 11.45am Break

Professional Skills
11.45am to 12.30pm Tips and Traps in Building the Defence

  • Pleading and preparing the case appropriately
  • Ensuring complete instructions obtained from the client
  • Making sure the correct expert is instructed with the right information

Presented by Vanessa Nicholson, Head of Practice Legal - VIC, ACT & WA, Avant Law, Leading Medical Negligence & Malpractice Lawyers (Defendant), Doyle's Guide 2021

12.30pm to 1.15pm Case Viability and Damages

  • General principles of negligence in invasive surgery/warnings/standard of care/managing recognized risks
  • Differentiating traumatic repair and enhancement procedures
  • Managing patient expectations; non- negligent suboptimal results
  • Measure of damages

Presented by James Glissan AM ESM KC, HB Higgins Chambers

Register to Session 1 only

 

Session 2

Thursday, 1 December 2022

Spotlight on Obstetric Negligence

Chair: Leanne Dillon, General Counsel, Royal Hospital for Women

Professional Skills
10.00am to 10.50am The Medicine Explained

  • Understanding the different lens through which doctors and lawyers view medicine through a different lens
  • The medical expert witness is not an advocate
  • Medicine as an imperfect science
  • Poor clinical outcomes do not always reflect poor clinical practice

Presented by Dr Vijay Roach, Obstetrician and Gynecologist

10.50am to 11.40am Developing the Plaintiff’s Case

  • The common types of obstetric cases and trends of cases over the years
  • Identifying the elements of the case including causation and aspects of damages
  • The use of Clinical Guidelines in investigating obstetric cases
  • An exploration of case studies highlighting the issues of some of the major types of obstetrics negligence claims

Presented by Kathryn Booth, Principal, Maurice Blackburn; Preeminent Medical Negligence Compensation Lawyers (Plaintiff), Doyles Guide 2021 and Milly Cain, Lawyer, Maurice Blackburn

11.40am to 11.50am Break

11.50am to 12.40pm Building the Defence

  • How to critically examine the medical evidence
  • Identifying the correct expert medical specialist to review the medicine
  • Identification of strengths and weaknesses in the plaintiff’s case and what to do about them

Presented by Maddalena Del Vecchio, Partner, Moray & Agnew; Recommended Medical Negligence & Malpractice Lawyers (Defendant) – Doyles Guide 2021

 

Register to Session 2 only

Presenters

David Higgs SC
David Higgs SC was admitted to the bar in 1976 and appointed Senior Counsel in 1995. He practices in the areas of Common law (including professional negligence), Commercial law, Equity, Insurance, Competition and Consumer law, Construction law and Criminal law.

Dr Gavin Sandercoe
Dr. Gavin Sandercoe FRACS (Plas), is a member of the Australian Society of Plastic Surgeons (ASPS), the Australasian Society of Aesthetic Plastic Surgery, Royal Australasian College of Surgeons (RACS). He has a wide range of experience, and takes particular interest in cosmetic plastic surgery as well as reconstructive surgery after trauma and cancer. His commitment to patient care and reconstructive surgery has led him to Nepal, where he performed complex reconstructive procedures at a charity hospital, and to the Harborview Medical Centre and Seattle Children’s Hospital, where he received a fellowship. To keep abreast of the latest developments in the field, Dr Sandercoe regularly attends national and international conferences on cosmetic and plastic surgery.

Vanessa Nicholson
Vanessa has been with Avant Law since 2010. She has extensive experience in multiple jurisdictions handling complex medical negligence claims, coronial inquests, Ahpra matters and advising on indemnity issues. Vanessa often acts in high value claims involving brain injuries and currently leads the Avant Law team in VIC, ACT and WA. She was recognised as a leading lawyer in the Leading Medical Negligence and Malpractice Lawyers (Defendant) – Victoria, 2021.

James Glissan KC
James Glissan AM KC’s areas of expertise are appellate advocacy, at first instance trial work, evidence on commission at trial level in the United States, the United Kingdom and New Zealand and criminal jury trials in all Australian jurisdictions. Mr Glissan KC has written and co-authored many books including: Cross Examination, Practice and Procedure - An Australian Perspective; The Laws of Australia, Vol.11 - Criminal Procedure; Personal Injuries Litigation in New South Wales; Advocacy in Practice and has had numerous published papers and periodicals.

Leanne Dillon
Leanne Dillon is General Counsel at the Royal Women’s Hospital in Melbourne. She is an experienced legal and governance executive with extensive experience and understanding of the government and not for profit sector. With a background in nursing, Leanne now specialises in health and medical law and has worked across a range of executive management roles including Legal Counsel, Board Secretary and Director Clinical Governance and Medico-Legal. Leanne also has a strong interest in governance and holds a Director position on the Board of cohealth, the largest provider of community health services in Victoria.

Dr Vijay Roach
Vijay is an obstetrician and gynaecologist with more than 20 years experience. He consults in general gynaecology with interests in miscarriage, traumatic birth experience, contraception, menopause, infertility, menstrual disturbances, vulval and vaginal disorders and abnormal cervical pathology. He has a particular interest in the importance of integrating psychological and physical health. Vijay is the Past President of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists and a well-regarded teacher and public speaker in Australia and overseas.

Kathryn Booth
Kathryn Booth is a Principal of Maurice Blackburn and head of the national Medical Negligence team which is the largest Plaintiff practice in Australia. She is an expert in medical malpractice law and practices exclusively on behalf of patients and their families. Kathryn has specialized in medical cases since 1991 and has achieved hundreds of settlements for adults and children through the Supreme, County, Coroners and High Courts. In 2016, she was listed by the prestigious Doyle's Guide and the Australian Financial Review and as one of the best medical negligence lawyers in Australia. Kathryn is a Law Institute of Victoria Accredited Specialist in Personal Injury Law and also the Chair of the Law Institute Litigation Executive Committee. In alliance with the Monash University Michael Kirby Centre, Kathryn also established pro bono legal clinic for patients at The Alfred Hospital in early 2014. The HeLP Clinic, the first of its kind in Australia, provides legal triage to hospital patients and their families. Kathryn has the title of Honorary Duty Solicitor Alfred Hospital, and she is also the legal supervisor of the clinic.

Milly Cain
Milly first joined the medical negligence team in 2015 as a paralegal. Milly was admitted to practice in 2019 and was a lawyer in our public liability team before re-joining the medical negligence team in 2021. “Legal processes are difficult for individuals to navigate. I want to ensure that people are compensated when they suffer an injury through no fault of their own. While I can't undo the trauma our clients suffer, I can fight to help ease the financial burden associated with life-long injuries. Through my work, I can assist individuals and their families to move forward." Milly takes an analytical and technical approach to her work. And at the same time, ensures she conveys advice to clients in a meaningful way so that her clients understand what can otherwise be a complex process. Milly is committed to findings ways to remove the barriers that persons with a disability can face when accessing legal services. She is a member of the firm’s Accessibility and Inclusion Group and a member of the Law Institute of Victoria’s Disability Law committee.

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.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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