Medical Negligence Under the Microscope in 2024
Unlock the latest in medical negligence knowledge as you cover some unique issues that arise in contemporary practice including quantification of damages for prosthetics, alternative bases for making a claim for medical injury as well as exploring what you should know about Coroners Court Proceedings. Plus, review the year’s more significant cases. WEB243V10Z
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Jane Fiske, Partner, Lander & Rogers
9.00am to 10.00am Quantification of Damages for Prosthetics
- Discuss the unique considerations when quantifying the damages for prosthetic-related claims
- Advice on the kinds of expert testimony and evidence required
- Guidance on gathering and presenting evidence to support the claim including medical records and cost projections
Presented by Joel Harris, Barrister, Greens List
10.00am to 11.00am Coroners Court Proceedings When Death Occurs in a Healthcare Setting
- Investigation timeline
- Inquest
- Related proceedings
- Trends
Presented by Fiona Karmouche, Senior Associate, Lander & Rogers
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Case Law Update
Analyse a selection of recent decisions that can assist you keep up to date with changes in medical negligence law and practice.
Presented by Amy Johnstone, Barrister, Green’s List
12.15pm to 1.15pm Alternatives Bases for Making a Claim for Medical Injury
- Medical injuries and the Australian consumer law
- Intentional torts in a medical context
Presented by Samuel Pearce, Principal Lawyer, Maurice Blackburn and Peter Hamilton, Barrister, Green’s List, Leading Insurance & Personal Injury Law Junior Counsel, Doyles Guide 2023
Testimonials
"Interesting content; engaging & knowledgeable"
"All presenters were excellent. Thank you"
Presenters
Jane Fiske
Jane has acted on behalf of many Victorian public and private hospitals, health facilities, doctors and allied health professionals. She has extensive experience in coronial enquiries, complaints, significant claims and defence litigation in the medical malpractice sphere. Jane has authored a number of other health and litigation related e-bulletins. Jane is recognised in the 2019 and 2020 editions of Best Lawyers in Australia for her expertise in Medical Negligence law. She is also in the current edition of the Doyle's Guide as a pre-eminent lawyer in the field of Medical Negligence. Jane is also chair of the firm's ethics Committee. Jane is a member of the Law Institute of Victoria, Women in Insurance, and the Medico Legal Society.
Joel Harris
Joel Harris is a Barrister at the Victorian Bar and is a member of Greens List. Joel maintains a broad common law practice, encompassing: personal injuries, insurance law, medical and professional negligence claims and administrative law. Joel has appeared in a range of matters including damages trials in the County and Supreme Courts, serious injury applications, statutory benefits hearings (WorkCover, Comcare and TAC) and VCAT reviews. He appears in mediations and statutory settlement conferences. Joel is also Consultant and Reporter for the Australian Torts Reports. Joel was called to the Bar of England and Wales in November 2016 and is a member of The Honourable Society of Middle Temple. In London he worked for the Medical Protection Society managing a range of medical negligence claims including delayed treatment, misdiagnosis, surgical error and failure to warn brought against Dentists, General Practitioners, Surgeons and Consultants.
Fiona Karmouche
Fiona is an insurance litigation lawyer specialising in medical indemnity and health law. Fiona represents health services, doctors, allied health professionals and hospitals to manage complaints, claims and investigations. Fiona joined the Insurance Law & Litigation team after completing her graduate year with Lander & Rogers. She is experienced in representing health services, hospitals, individual doctors and allied health professionals in claims, complaint management and investigations. Her experience extends to assisting in Coronial investigations and inquests, Health Complaints Commissioner complaints, letters of demand, AHPRA investigations, litigated claims and general health law advice.
Amy Johnstone
Amy is a common law barrister, practicing primarily in negligence and personal injury matters, for both plaintiffs and defendants. She accepts briefs in medical negligence, dust diseases, public and product liability, institutional abuse and intentional tort cases. She also appears in administrative law matters relating to the judicial review of medical panel decisions, as well as coronial inquests.
Samuel Pearce
Samuel Pearce is a Principal Lawyer of Maurice Blackburn’s medical negligence department in Victoria. He is a Law Institute of Victoria Accredited Specialist in Personal Injury Law and has been listed in the Doyle’s Guide as a Rising Star in Personal Injury Law. Samuel joined the firm in 2008 and has practised exclusively in medical negligence litigation since 2012. Samuel has achieved significant results for individuals who has suffered injuries as a result of poor health care, treatment and/or advice. He has also represented the families of patients who have died following poor medical treatment in coronial investigations and Inquest hearings. Samuel sees clients in the Melbourne, Reservoir, Greensborough and Craigieburn offices. Samuel has also assisted clients in a cases pursued through Maurice Blackburn’s social justice department, including an action brought by Traditional Owners of land in the Northern Territory in relation to a proposal to build a national radioactive waste facility on land known as Muckaty Station. Outside of Maurice Blackburn, Samuel is the President of the charity, BottledSnail Productions Inc: a volunteer-run, not-for-profit company which supports creative arts projects for Victoria’s legal community with the aim of promoting a healthy work-life balance.
Peter Hamilton
Peter Hamilton practises across all areas of personal injury, medical negligence, and tort and insurance law. Peter enjoys court work, strategic thinking, negotiations and drafting pleadings and advices. Since coming to the bar, Peter has appeared in several trials, led and unled. He also has a busy paperwork practice. His previous roles include Senior Associate at Wotton and Kearne, Associate at Norton Rose (now Norton Rose Fulbright), Solicitor at DLA Phillips Fox (now DLA Piper); and worked in London at insurance firm Berrymans Lace Mawer (now BLM). Peter started his career in a Sydney firm acting for plaintiffs in personal injury claims. In 2013, Peter graduated from the Master of Laws programme at Monash University, completing one of his subjects at Humboldt University, Berlin. Peter also studied advanced tort law, medical and health law, evidence law, freedom of information law and advocacy. As a solicitor, Peter handled matters in all courts in Victoria and interstate, instructing in several trials in the Supreme and County Courts, including Hudspeth v Scholastic Cleaning (2014).