Medical Negligence
This timely, and information-packed seminar will keep you up to date and deepen your knowledge of key legal issues for medical negligence and health law practitioners. Covering preparing for conclaves, adequacy and admissibility of expert evidence and mediation this seminar has it all! 232N10
Description
Attend and earn 4 CPD units including:
3 units in Substantive Law
1 unit in Professional Skills
This program is based on NSW legislation
Chair: Kerry Stewart, Accredited Mediator, Stewart Mediations
9.00am to 10.00am The Interplay Between Workers Compensation Injuries Exacerbated by Medical Negligence and the Impact on Damages
- Is medical negligence following a work injury a novus actus interveniens?
- Are negligent healthcare providers at risk of a s151z recovery claim from the workers compensation insurer?
- How are damages assessed when an injured worker succeeds in a medical negligence claim?
Presented by Karen Kumar, Barrister,13 Wentworth Chambers
10.00am to 11.00am Ensuring the Adequacy and Admissibility of Expert Evidence
- The “expertise rule” and the proper approach to identifying, demonstrating expertise and instructing appropriate experts
- The separation of liability experts in medical negligence cases into categories of breach of duty of care and causation
- Evidence in relation to policies and protocols, applicable guidelines and epidemiological studies
- Ethical obligations
Presented by Teni Berberian, Barrister, Thirteen Wentworth Selborne Chambers, Preeminent Professional Indemnity Junior Counsel Doyles List 2022
11.00am to 11.15am Morning Tea
11.15am to 12.15pm The Effect of Increased Patient Decision-Making in Obstetrics Care on the Risk of Litigation
- Examination of the treatment decision making by patients that increase the risk of allegations of negligence
- Should women consent to vaginal delivery during the antenatal stage?
- Reported cases and tales from the labour ward
Presented by Marie-Clare Elder, Partner, Wotton + Kearney and Dr Rachael Hickinbotham, Obstetrician and Gynaecologist.
Professional Skills
12.15pm to 1.15pm The Successful Use of Mediation in Medical Negligence Cases
- Mindset
- Preparation
- Identifying and maximising the opportunities you have at a mediation
Presented by Kerry Stewart, Accredited Mediator, Stewart Mediations
Presenters
Kerry Stewart
Kerry is has over 20 years of experience in litigation and resolving disputes, principally in the areas of tort and contract law. She has particular expertise in claims which encompass allegations of institutional abuse - both historical and recent, medical and professional negligence, intentional torts and personal injury. Kerry has worked on complex multi-party litigation and has acted for the Commonwealth of Australia, numerous State government agencies, most Australian insurers and overseas underwriters. Before establishing Stewart Mediations, She worked as a lawyer in private practice at Hunt & Hunt and then Henry Davis York and following the merger, at Norton Rose Fulbright. Kerry is a member of the Resolution Institute, Accredited National Mediator (NMAS), Australian Insurance Law Association, Medico-Legal Society and the Law Society of NSW.
Karen Kumar
Karen was called to the Bar in 2019. Prior to being called to the Bar, Karen practised for 20 years as a solicitor. Karen is also a registered nurse and has practised in the public health sector. Karen specialises in common law liability, public liability and professional indemnity. Karen has extensive experience in advising health sector clients in a variety of different matters including civil claims, coronial inquests and disciplinary proceedings. As a registered nurse, Karen's previous hands on experience gives her a valuable and unique insight in relation to matters arising from the health sector and assists in providing practical advice to her clients.
Teni Berberian
Teni Berberian was called to the NSW Bar in 2005. Teni’s main area of practise at the Bar is insurance, an area she practised in extensively as a solicitor. She practises in all aspect of insurance law and insurance litigation. Teni has a special interest in medical law and is briefed regularly on behalf of medical indemnity insurers and the NSW Ministry of Health to appear on behalf of medical practitioners as well as public and private hospitals in defence of medical negligence claims and Coronial Inquests. Teni is also briefed and appears in both the prosecution and defence of disciplinary proceedings involving solicitors.
Marie-Clare Elder
Marie-Clare has extensive experience in health, medical negligence and personal injury litigation. She has practiced in Australia and the United Kingdom in senior in-house roles and is a former clinical nurse specialist in intensive care. Most recently, Marie-Clare was the Senior Legal Counsel – Manager Legal Services at MIGA, where she was responsible for leading the eastern seaboard team. As General Counsel of a large hospital Trust in the United Kingdom, she was responsible for the delivery of legal services to 6000 staff and the hospital executive. In Australia, Marie-Clare represents individual practitioners and health entities, bringing a unique understanding and empathy, having previously practiced as a nurse.
Dr Rachael Hickinbotham
Dr Rachael Hickinbotham is a Sydney Obstetrician Gynaecologist with over 30 years of professional healthcare experience. As a private North Shore Obstetrician, Dr Hickinbotham is accredited to deliver mothers at The Mater and North Shore Private hospitals. She worked as an intensive care nurse for many years while she worked her way through medical school at the University of Adelaide. Dr Hickinbotham Is a fellow of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists. She was the Senior Registrar at Royal North Shore Hospital during her training and completed the Allan Ferrier Memorial Fellowship year at North Shore Private Hospital and The Mater Hospital. Dr Hickinbotham was awarded the Ian Furley Gold Medal in Obstetrics and Gynaecology.
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