Medical Negligence Masterclass: Informed Consent in 2023
No longer does a discussion of informed consent revolve around key High Court decisions like Rogers v Whittaker. In 2023 the experts consider informed consent in the context of gender transformation, voluntary assisted dying and substitute decision. Join this illustrious panel to explore the nuances and delve into the practical and ethical considerations you need to grasp when a medical negligence claim involving consent lands on your desk in 2023. WEB2311N27Z
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Patsi Michalson, Mediator, Michalson Mediation
2.00pm to 3.00pm The History, Meaning and Present-Day Challenges of Medical (Informed) Consent
- The History of Informed Consent
- Elements of informed consent
- Case law on this historically: Bolam, Rogers and Whitaker
- Does a doctor need to inform patients of alternative treatment options and the risks and benefits of each option?
- The nuances of consenting e.g., patient directly, substitute decision-makers, including family, Guardians, next of kin, where pt lacks capacity
- When to seek consent from Boards/Tribunals/Courts
Presented by Dr Ian Freckelton AO KC, Foley’s List
3.00pm to 4.00pm Panel Discussion: Present Day Challenges
This session considers the different ways the legal principles are applied in relation to
- Gender reassignment
- End of life decision making
- Palliative care, withdrawal of active treatment options
Panel includes:
Facilitator: Patsi Michalson, Mediator, Michalson Mediation
Potential Panellists include:
Mary Anne Hartley KC, Devers List
Paula Shelton, Special Counsel, Longton Legal
Anne Preisz, Clinical Ethicist at Sydney Children's Hospitals
4.00pm to 4.15pm Break
4.15pm to 5.15pm Case Study Roundtable: Plaintiff and Defendant Perspectives
Join the roundtable discussion where lawyers representing the clinician and the injured plaintiff share insights on advising their clients followed by a discussion of the ethical issues.
Case Studies include:
- Medical devices
- Obstetrics & gynaecology
- End-of Life decision -making around voluntary assisted dying.
- Complex matters involving reproductive organs including Gender Reassignment, Tavistock case etc). and informed consent
Facilitator: Patsi Michalson, Mediator, Michalson Mediation
Panel Members include:
Lisa Fairley, Senior Associate, Barry Nilsson
Rosemary Listing, Special Counsel Catherine Henry Lawyers
Louise Jackson, Senior Associate Slater & Gordon
Julie Brooke-Cowden, General Manager, Professional Conduct Claims, Avant Mutual
Sarah Vallance, Special Counsel, Shine Lawyers
Anne Preisz, Clinical Ethicist at Sydney Children's Hospitals
Presenters
Patsi Michalson
Patsi is experienced and culturally diverse mediator, lawyer and conflict resolution expert. Her focus is mainly on health law, including medical negligence disputes, insurance claims, disputes arising in the aged care space and the contest of Wills. Patsi practised law in South Africa for 20 years as a Barrister, becoming Senior Counsel in 2008. Her practice in personal injury, insurance, commercial and health law litigation and my work in family law provided valuable insights into how litigation and mediation operate side-by-side in offering different solutions to conflict. Since moving to Australia, she has re-trained as a solicitor and accredited as a mediator to fulfil Australian professional requirements. She also completed the Australian Institute of Company Directors examinations in 2019. Whilst doing so, she has also had the privilege of working with clinicians, patients and families in the public health space for nearly a decade. This work has provided an intersection with law firms, medical insurers, the HCCC, AHPRA and the Coroner's Court. She has also consulted and trained on a broad spectrum of issues in the health space, involving diverse difficult conversations, including Open Disclosure training for clinicians.
Dr Ian Freckelton AO KC
Ian Freckelton is an experienced King’s Counsel in full time practice as a barrister throughout Australia; a former judge of the Supreme Court in Nauru; a board and committee member; an investigator of allegations of misconduct; a professor of law, psychiatry and forensic medicine; a fellow of learned academies; a journal editor; a speaker at international gatherings; an author, editor and book reviewer; and a scholarly traveller. He has a particular expertise in the use of expert evidence in respect of technical areas of endeavour (medical, scientific, accounting and engineering) in litigation, and in health law generally. In 2019 and 2020 he was rated by Doyle’s Guide as among Victoria’s Leading Senior Counsel in Criminal Law. In 2021, 2022 and 2023 he was rated by Best Lawyers in Australia in Public Law and in 2021, 2022 and 2023 by Doyle’s Guide as a Leading Barrister in Australia in Administrative and Public Law. Dr Freckelton has a busy mixed trial, appellate and advisory practice in administrative law, disciplinary law, personal injury law, human rights law, criminal law and commercial law. His advocacy style is contemporary, assertive, highly researched and strategically nuanced to the forum in which he appears. His focus is upon addressing the full picture of disputes which bring clients to him for legal advice, recognising that law and litigation are just a part of the overall fabric of relationships that can lead people and entities into conflict. He has represented individuals and institutions in many significant and sensitive cases involving government instrumentalities. He has also appeared in many inquisitorial proceedings, including judicial inquiries/Royal Commissions and high profile coroners’ inquests. In addition, he has provided advice to persons and entities likely to be affected by parliamentary inquiries and investigations conducted by entities such as ASIC and anti-corruption bodies. Dr Freckelton has a particular interest in integrity issues and accountability – in government, in institutions such as local councils, universities and corporations, in research and in the giving of expert evidence. He is an expert in research misconduct and its legal repercussions. He has conducted inquiries into allegations/concerns about prominent figures and allegations of impropriety in relation to sensitive matters. Between 2017 and 2019 he was briefed to conduct an investigation into concerns about sexually inappropriate conduct on the part of the Melbourne Lord Mayor, Robert Doyle and in 2021 he conducted an inquiry into Victoria’s regulator of gambling. Between 2020 and 2021 he was Chair of the Counsel Committee of the Victorian Bar. In over three decades at the Bar, Dr Freckelton QC has appeared in leading cases across a wide range of legal areas in all States and Territories in Australia. He has also undertaken advisory work for cases in New Zealand, Singapore and Thailand. Between 2017 and 2023 Dr Freckelton was a part-time judge of the Supreme Court of the Republic of Nauru, principally dealing with judicial reviews and appeals.
Paula Shelton
Paula is an accredited personal injury specialist with more than 29 years’ litigation experience. She has worked across a breadth of areas including medical negligence, product liability, public liability, class actions and social justice litigation. Over the course of her career, Paula has been involved in notable cases such as the inquests of Luke Batty, Kelly Thompson (family violence murders), Sarah Cafferkey (murdered by a parolee) and Maria Liordos (child who died in state care), breast implant class actions, child sexual abuse cases and claims for many catastrophically injured plaintiffs, including many cases involving lifelong care. Paula is currently a Special Counsel at Longton Compensation Lawyers and is appointed to the Victorian Government's Voluntary Assisted Dying Review Board.
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. In addition to her practice at the Common Law Bar, Mary Anne has been a company director for 30 or so years. She is currently a director of RSPCA (Victoria). Earlier roles include an Essential Services Commissioner for Victoria (our economic regulator), President of an appeal panel into the price of water in the ACT, a director of Melbourne Water and the Port of Melbourne. 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.
Rosemary Listing
Rosemary is a senior lawyer in the firm’s highly regarded health law team. Whilst primarily involved in the conduct of medical negligence litigation, Rosy also provides specialised advice on consumer law remedies including in claims arising from faulty medical devices. Rosy has helped hundreds of women whose lives have been impacted through negative cosmetic surgery and is conducting a major role in the large scale cosmetic surgery litigation being handled by the firm. Prior to her time in private practice, Rosy worked as a research assistant to Norman Palmer QC and Justice Sackar of the Supreme Court of NSW.
Louise Jackson
Louise is responsible for personal injury cases involving medical negligence claims against Local Health Districts and individual medical professionals in New South Wales. Her professional experience at Slater and Gordon includes acting in relation to a wide range of claims involving all types of physical and psychiatric (nervous shock) injuries, catastrophic injuries affecting all age groups and acting for claimants in a large government redress scheme. Her work experience and history more generally involves litigating commercial, equity and common law cases for both plaintiffs and defendants (and their insurers). I understand the entire dispute resolution and court process from both sides. Louise has significant experience in advocacy and with instructing counsel in all Federal and State courts (including appeal courts), at tribunals, in coronial inquests and in out-of-court negotiation and dispute resolution.
Anne Preisz
Anne Preisz is the Sydney Children’s Hospital Network Clinical Ethicist and manages the Clinical Ethics Support Service. Anne has extensive clinical experience as a Physiotherapist, specialising in neuromuscular and neonatal care and holds a postgraduate Masters’ degree in Bioethics from the University of Sydney. She interned at the RCH Children’s Bioethics Centre and is an ADC accredited Mediator and an Honorary Associate at Sydney Health Ethics, University of Sydney and a Senior Lecturer at the University of Notre Dame, School of Medicine Bioethics Department. She has published on a number of paediatric ethics topics including cognitive bias in decision making, evaluation of paediatric quality of life measures and environmental ethics and paediatrics.
Julie Brooke-Cowden
After completing undergraduate degrees in Science and Law at Macquarie University, Julie commenced practice in defendant insurance litigation. She has been an Accredited Specialist in Defendant Personal Injury Litigation since 2000, completing a Master of Laws at the University of Sydney in 2005. Julie has worked as an in-house lawyer since 2005, initially for MDA National Insurance, and more recently, for Avant Mutual. In 2016, Julie was recognised in Doyles Guide as one of Australia’s leading in-house insurance lawyers. At Avant, Julie leads the Professional Conduct team, who manage notifications and claims involving disciplinary, coronial, employment, Medicare, and other non-civil matters. She also has oversight of the National Claims Acceptance team. Julie is also an Adjunct Associate Professor in the School of Medicine at the University of Notre Dame Australia. She was a member of the Concord Repatriation General Hospital’s Human Research Ethics Committee from 2004 until 2022.
Lisa Fairley
Lisa is a Senior Associate in our Insurance and Health team and is based in our Brisbane office. Lisa specialises in medico-legal litigation, coronial inquests, statutory complaints and practitioner disciplinary matters, capacity and guardianship matters. Lisa has a particular interest in legal and ethical issues which arise from emergency medicine and health matters involving questions of consent and capacity such as those which invoke the Supreme Court’s parens patriae jurisdiction. Having previously been seconded to a major tertiary hospital as Principal Lawyer, Lisa has acquired unique insight into the legal issues faced by the health care system. Additionally, Lisa heads up the health team’s pro-bono partnership with Queensland Advocacy Incorporated and understands the importance of such work as part of her practice which has enabled her to build a practice in guardianship matters. Prior to joining BN, Lisa worked for the UK Government Legal Department, in the Ministry of Defence litigation team leading a range of disputes, including personal injury, medical negligence and high-profile coronial inquests.
Sarah Vallance
Sarah Vallance is special counsel in Shine Lawyer’s Queensland medical law team. She has worked in personal injuries litigation since her admission in 2006 and achieved specialist accreditation in personal injury law in 2013. Since 2010, Sarah has worked exclusively in medical law litigation, representing hundreds of patients who have suffered catastrophic injuries and/or death due to poor medical treatment. In 2018, Sarah completed a Master of Laws majoring in Health Law at the Queensland University of Technology, with a focus on end-of-life issues, including advance health directives, proprietary interests in human tissue and voluntary assisted dying. Sarah is a member of the Queensland Law Society, Australian Lawyers Alliance, and the Medico-Legal Society of Queensland. She is a member of the ALA’s Medical Law special interest group and through her involvement with the ALA, has prepared several submissions with respect to voluntary assisted dying and safe access zones and appeared at several parliamentary inquiries.