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.