Medical Negligence in 2024

Need to know the current state of the law in relation to the defence of peer professional opinion and a consideration of recent cases relating to late service of expert reports? Want an understanding of the inquiry into birth trauma in NSW and proposed legislative and policy reforms plus an examination of comparable verdicts? A truly comprehensive update for legal practitioners with a medical negligence practice. 242N18

Description

Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation

Chair: Kevin Connor SC, Maurice Byers Chambers

9.00am to 10.00am Section 5O of the Civil Liability Act 2002: An Update

Medical negligence claims often require a consideration of the question posed by s 5O Civil Liability Act 2002 (NSW); regarding whether the professional acted in a manner that (at the time the service was provided) was widely accepted in Australia by peer professional opinion as competent professional practice. Consider:

  • The evolution of s5O Civil Liability Act and key decisions
  • The decision of the Court of Appeal in Dean v Pope [2022] and the special leave application arising from that decision: Dean v Pope [2023] HCA
  • What does “peer professional opinion” mean?
  • Where are we now?

Presented by Antonia Quinlivan, Barrister, Greenway Chambers

10.00am to 11.00am Obstetric “Violence: Is Australia Prepared for the Unintended Consequences of the Inquiry Into Birth Trauma?

  • Is it time to have a formal consenting process for vaginal birth, including consent to instrumental delivery?
  • What would the impact of a sharp escalation in Australia’s c-section rate be on the public healthcare system?
  • If we are to accept the term ‘obstetric violence’, will obstetricians and midwives be at risk of criminal assault charges should an emergency instrumental delivery be required?
  • Vicarious trauma to frontline healthcare workers 

Presented by Marie-Clare Elder, Partner, Sparke Helmore Lawyers, and Dr Rachael Hickinbotham, Obstetrician and Gynaecologist

11.00am to 11.15am Morning Tea

11.15am to 12.15pm Statutory Rules and Regulations Governing the Late Service of Expert Evidence in Medical Negligence Cases

  • Analysis of significant and recent cases relating to the late service of experts’ reports
  • Challenges and difficulties faced by litigants, legal practitioners, and the Court when experts’ reports are served late
  • Guidance on how legal practitioners can ensure compliance with UCPR Rule 31.28 regarding experts’ reports and discussing best practices for avoiding issues related to late service

Presented by Teni Berberian, Barrister, 13 Wentworth Chambers; Preeminent Professional Indemnity Junior Counsel, Doyles Guide 2023

12.15pm to 1.15pm Comparable Verdicts

  • Overview of the latest general damages awards for non-economic loss (with a focus on medical negligence cases in the NSW District and Supreme Courts)
  • Discuss key cases and a comparative analysis of judicial reasoning behind the elements of pain and suffering, loss of amenity of life, loss of expectation of life and disfigurement pursuant to s3 Civil Liability Act 2002 (NSW)

Presented by Louise Jackson, Senior Associate, Slater & Gordon

Presenters

Kevin Connor SC
Kevin Connor did medicine graduating in 1984 (MB BS Hons I). He also did neuroscience research in the laboratory of Professor Mark Rowe for which he was awarded a Bachelor of Medical Science. He practiced medicine in hospitals for three years - 1984, 1985 and 1986. Kevin completed the Barristers Admission Board Course in March 1986 (Dip Law). In 1987 and 1988 he was an Associate to Justice Mary Gaudron, who in February 1987 became the first woman to be appointed to the High Court of Australia. Kevin commenced practice at the New South Wales Bar in July 1989, first at 10 Selborne Chambers, and then from 1995 at Ten St James Hall Chambers, and from April 2000 at Maurice Byers Chambers on Level 60 of the MLC Building. He is interested in law generally, and continues to have an interest in neuroscience, particularly affective neuroscience. Kevin has been involved in cases in many different areas of the law, including tax, medical negligence, equity and trusts, commercial disputes, constitutional law, copyright, and professional disciplinary matters. In 2002 and 2003 Kevin was counsel assisting in the ICAC inquiry into the collapse of the New South Wales Grains Board. For a number of years in the 1990s Kevin lectured in the Admission Board Courses in the subjects of Torts, Equity and Trade Practices. Kevin was appointed Senior Counsel in 2007.

Antonia Quinlivan
Antonia Quinlivan was called to the NSW Bar in 2022 and practices from Greenway Chambers. Her main area of practise is medical negligence. Antonia also practises in general insurance and construction law. Prior to coming to the Bar, Antonia practised as a solicitor in health and medical law teams for both plaintiff and defendant firms. Antonia has experience in a number of areas of health law including professional indemnity, disciplinary proceedings and coronial inquests. In 2021, after leaving HWL Ebsworth’s Health Insurance Team, Antonia was Tipstaff to the Honourable Justice Julia Lonergan of the Supreme Court of NSW. Antonia also holds a Master of Health Law.

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 and is a former clinical nurse specialist in intensive care. Prior to entering private practice, Marie-Clare was the Senior Legal Counsel 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. Marie-Clare has multiple board appointments and has lectured at the University of Oxford, UTS and The University of Sydney.

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. 

Teni Berberian
Teni Berberian was called to the NSW Bar in 2005 where she practises from the 13th floor Wentworth Selborne Chambers. 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 including life, TPD, income protection, professional indemnity, general liability and general commercial 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.

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. Louise’s work experience and history more generally involves litigating commercial, equity and common law cases for both plaintiffs and defendants (and their insurers). She understands 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.

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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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