Legal and Regulatory Issues for the Health Sector

Through May and June, these 6 webinars cover a broad range of issues designed to keep you up to date with the hottest medico-legal issues, regulatory and commercial developments you, as a senior health decision maker or legal advisor need to understand. Choose to register for all 6 or just the ones that most interest you. The webinars will cover women’s health issues, risk in patient discharge and the problems with delayed diagnosis to regulatory updates, AI in healthcare and understanding defamation.

Description

Attend the full series and earn 9 CPD units including
6.5 units in Substantive Law
2.5 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.

Testimonials

Very informative and engaging. Thank you.
A thorough coverage of the area of disputes pertaining to medical practitioners.

Legal and Regulatory Issues for the Health Sector: Patient Discharge from Healthcare Facilities

Tuesday, 21 May 2024

Hospital discharge can be a high risk, time-dependent point in the patient journey. Join our legal and medical subject matter experts as they explore the issues and focus on real life incidences and cases to highlight the risks and approach of the Court.

Chair

Professor Tina Cockburn, Director, Australian Centre for Health Law Research, Faculty of Business and Law, Queensland University of Technology

12.00pm to 1.00pm Risk in Patient Discharge

 

  • Duty of care of healthcare facilities
  • Legislative and common law framework
  • Case examples:
    • Emergency department
    • Psychiatric unit
    • Medical ward

Presented by Jyoti Haikerwal, Associate, Brave Legal

Description

Attend and earn 2 CPD units including
1 unit in Substantive Law
1 unit in Professional Skills

This program is applicable to practitioners from all States & Territories

Professional Skills
1.00pm to 2.00pm Meeting Standards of Care in Hospital Discharge

 

  • Discharge from mental health care settings
  • Discharge following surgery
  • Impacts of sedation on safe discharge

Presented by Dr Mark Suss, Specialist Anaesthetist, Director and Treasurer, Australian Society of Anaesthetists

Presenters

Professor Tina Cockburn TEP, Director, Australian Centre for Health Law Research
Professor Tina Cockburn TEP, is a Professor of Law at the Queensland University of Technology (QUT), Director of the Australian Centre for Health Law Research (ACHLR), co-lead of the ACHLR Planning for Healthy Ageing program, sessional member of the Queensland Civil and Administrative Tribunal (QCAT) and member of the Queensland Law Society Health and Disability Law Committee. Prior to joining QUT she was employed as a solicitor with Feez Ruthning (now Allens). Tina’s health law research focuses on access to justice by vulnerable members of society in three broad contexts: patient safety law; elder and disability law; and the institutional abuse of children. In the area of patient safety law, Tina’s research focuses on medico-legal issues, health decision making, communication of information to patients (including patient consent and post treatment open disclosure), regulation of healthcare and healthcare providers, medical litigation, compensation and redress arising out of adverse medical outcomes. In the area of elder and disability law, Tina’s research focuses on estate planning, succession law, trusts, decision making, elder abuse and adult safeguarding. In the area of the institutional abuse of children, her research focuses on compensation and redress for child sexual abuse. She has over 170 publications, including peer reviewed articles in quality national and international journals and high impact professional journals, four co-authored books and an edited book. Her research has been supported by national and international competitive grants, including the Economic & Social Research Council (UK) and the World Health Organisation (WHO), industry funding and not for profits. She is regularly invited to deliver lectures and continuing professional education programs for the legal and medical professions.

Jyoti Haikerwal, Associate, Brave Legal
Since 2017, Jyoti has achieved substantial settlements for clients injured as a result of medical negligence. Jyoti also has experience in public liability claims and an interest in Coronial Inquests, nursing home neglect and cases involving children. Jyoti enjoys applying the law to complex medical situations and thrives on working hard to understand every aspect of her client’s case. This often requires mastering a knowledge of anatomy, surgical techniques, infection control, nursing care and emergency medicine. Jyoti was named the winner of the Insurance category at the Lawyers Weekly 30 Under 30 awards and was recognised as “One to Watch” in Medical Negligence and Litigation by Best Lawyers in Australia.

Dr Mark Suss, Specialist Anaesthetist, Director and Treasurer, Australian Society of Anaesthetists
Dr Mark Suss is a specialist anaesthetist in full-time private practice. He studied undergraduate medicine at the University of Melbourne and trained in Melbourne metropolitan hospitals to complete speciality training with the Australian and New Zealand College of Anaesthetists (ANZCA). He has a particular interest in medicolegal issues and has a busy medicolegal practice with requests from plaintiff and defendant firms in Australia and abroad. He later qualified as a Victorian lawyer and has a volunteer practising certificate. Dr Suss is also heavily involved in professional affairs as a director of the Australian Society of Anaesthetists. The Society publishes its own clinical and professional guidelines for anaesthetists and collaborates with ANZCA and other bodies to set professional standards more broadly as well as convening extensive educational activities.

 

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Legal and Regulatory Issues for the Health Sector: AI in Healthcare

Wednesday, 29 May 2024

For healthcare organisations that provide, procure or use AI technologies, or those wanting to do so in the future, that could be considered high-risk, this webinar provides you with information on the regulatory developments to ensure they comply with current and potential future laws and regulations.

Chair

Patsi Michalson, Mediator, Michalson Mediation

1.00pm to 2.00pm AI in Healthcare: Legal and Ethical Issues

 

  • Duty of care
  • Product liability
  • Ethical issues
  • Privacy
  • IP
  • Regulatory issues, including software as a medical device

Presented by Alison Choy Flannigan, Partner, Hall & Wilcox; Leading Health & Aged Care Lawyers, Doyles Guide, 2023; Best Lawyers since 2008, Health & Aged Care and Biotechnology

Description

Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories

Presenters

Alison Choy Flannigan, Partner, Hall & Wilcox
With over 25 years of corporate, commercial and regulatory experience, Alison has specialised in advising clients in the health, aged care, retirement living, disability, life sciences and community sectors. Alison co-leads the Health & Community Practice at National Law firm, Hall & Wilcox. Alison has been listed in The Best Lawyers in Australia (and the Australian Financial Review) since 2008 for Health & Aged Care and also Retirement Living and Biotechnology. She has been recognised in the Doyle's Guide to the Australian Legal Profession as a Leading Health and Aged Care Lawyer each and every year since 2017. Alison has been a finalist for the Lawyers Weekly Partner of the Year in Health every year since 2016 and won this prestigious award in 2019, 2020 and 2021. She was a finalist in the Lawyers Weekly, Women in Law Awards, Partner of the Year - Big Law, 2019 and 2021.

Ms. Patsi Michalson, Mediator, Michalson Mediation
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.

 

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Legal and Regulatory Issues for the Health Sector: Professional Conduct and the Health Sector

Thursday, 6 June 2024

Update your knowledge and understanding of the current approach of AHPRA and the Medical Board combined with an analysis of coronial referrals to the regulator.

9.00am to 10.00am Judicial Review in Medical Law: From Professional Services Review to AHPRA

 

  • Judicial Review and Jurisdictional Error
  • Outcomes in Judicial Review
  • Application to PSR investigations, Medical Panel assessments and challenging regulatory guidelines

Presented by Rob Muir, Partner, HWL Ebsworth

Professional Skills
10.00am to 11.00am Legal Guidance for the Health Practitioner facing an AHPRA Investigation: Not Just the Law

 

  • Taking a step back to identify what this health practitioner needs, including asking the questions:

         i. What does the legal advisor need to provide to the health practitioner right now?
         ii. What are their goals for the future?
         iii.
How is the advice going to impact them in 5, 10, 15 years?
         iv.
What kind of character are they?

  • Deciding on the strategy, from total silence to radical honesty (and everything in between)

Presented by Marion Isobel, Barrister, Green’s List

Description

Attend and earn 3 CPD units including

2 CPD units in Substantive Law

1 CPD unit in Professional Skills


This program is applicable to practitioners from all States & Territories

Chair

Dr Owen Bradfield, Chief Medical Officer, Medical Indemnity Protection Society

11.00am to 11.15am Morning Break
11.15am to 12.15pm Review of Coronial Referrals to Regulators

 

  • An examination of the issues when a medical setting death is reportable to the coroner
  • Analysis of the various definitions of medical setting reportable deaths in state and territory Coroners Acts
  • An exploration of the offences and penalties that attach to a failure to comply with coronial reporting obligations
  • What is contained in Coroner’s Guidelines to assist health practitioners to understand their reporting obligations

Presented by Dr Ada Lim, Barrister, Third Floor, St James Hall Chambers

Presenters

Dr. Ada Lim, Barrister, 3 St James Hall
Prior to coming to the Bar, Ada worked as a medical practitioner for over a decade, as a solicitor in a boutique litigation firm, and as a casual academic and research student in computer science. Ada also holds a private pilot’s license and is working toward her second and third FAI Diamonds in sailplanes. Ada is also a designated aviation medical examiner.

Rob Muir, Partner, HWL Ebsworth
Rob is a leading medical indemnity, health and aged care lawyer, specialising in civil, coronial and AHPRA proceedings. For more than 20 years, Rob has been a trusted advisor to Australia's leading medical defence organisations and insurers in complex and high-profile medical indemnity and health related claims. Insurers, practitioners and hospitals trust Rob's sensible, well-considered and strategic advice in order to achieve favourable outcomes from a financial and reputational perspective. In addition to defending practitioners and hospitals in medically and legally complicated litigation, Rob has a strong interest and expertise representing health practitioners in matters before AHPRA and other health complaints bodies. Rob's understanding of the aged care industry has also seen him represent and advise some of Australia's leading aged care providers. Rob is recognised annually in both Best Lawyers in Australia, and Doyle's Guide as one of Australia's medical indemnity lawyers.

Marion Isobel, Barrister, Green’s List
Marion is a barrister at the Victorian Bar practicing in public, criminal and regulatory law. She has particular expertise in health-related fields, including professional disciplinary proceedings for health practitioners and coronial inquests. She worked as an assistant psychiatric nurse at an acute inpatient facility throughout her law degree, an experience she draws on more than she ever expected at the Bar. Immediately before going to the Bar, Marion spent seven years working for the Open Society Foundations in London and Budapest. She led global strategic litigation on defence rights and the prevention of torture. Prior to that, Marion worked for the United Nations investigating genocide at the Extraordinary Chambers in the Courts of Cambodia. Marion also lectured in public international law at the University of the South Pacific in Vanuatu. She holds a Masters of Laws, and a Bachelor of Laws with first class honours, from the University of Queensland.

 

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Legal and Regulatory Issues for the Health Sector: Claims Involving Delayed Diagnosis

Wednesday, 12 June 2024

Avant medical malpractice claims data indicates that 1 in 5 claims are primarily about diagnosis. 75% of those claims related to missed or delayed diagnosis. These events may not necessarily be as the result of an error made by the health practitioner, however, the ongoing patient care and management may become the responsibility of the medical professional. Explore the elements of a successful claim and the damages that can potentially be claimed. 

Chair

Claire Bassingthwaighte, Legal Team Manager, Professional Conduct, Avant Law

Professional Skills
1.00pm to 2.00pm Delayed Diagnosis: Post-COVID Pitfalls

 

  • Telehealth
  • Missed follow ups and referrals
  • Diagnostic challenges, investigation paths and biases

Presented by Dimitra Dubrow, National Head of Medical Negligence, Maurice Blackburn Lawyers; Accredited Specialist in Personal Injuries; Preeminent Medical Negligence Compensation Lawyers (Plaintiff) Doyles Guide 2023 and Hayley Daniel, Barrister, Dever’s List

Description

Attend and earn 1 CPD unit in Professional Skills
This program is applicable to practitioners from all States & Territories

Presenters

Dimitra Dubrow, National Head of Medical Negligence, Maurice Blackburn Lawyers
Dimitra Dubrow is a Principal Lawyer and head of Maurice Blackburn’s national medical negligence practice. She is a Law Institute of Victoria Accredited Personal Injury Specialist and has more than 20 years’ experience in medical negligence claims. Dimitra is listed by Doyle's Guide as a pre-eminent plaintiff medical negligence lawyer in Victoria and Best Lawyers in Australia for Medical Negligence. Dimitra acts in medical negligence claims, pursuing compensation on behalf of injured patients. She has expertise in obstetric and birth trauma, failure to diagnose and treat by emergency departments, and cancer cases. She also represents families in coronial matters and acts on behalf of individuals in the Health Complaints Commissioner process. Dimitra is a member of the Law Institute’s Public Liability & Medical Negligence Committee, the Litigation Executive Committee and the AMA/LIV/VicBar Medico-Legal Standing Committee.

Claire Bassingthwaighte, Legal Team Manager, Avant Law
Claire was admitted as a solicitor of the Supreme Court of Queensland in 2003 and the High Court of Australia in 2006. Before joining Avant in 2008, she worked in private law firms defending public and private hospitals in medical negligence claims and represented the Medical Board prosecuting practitioners. As Manager of the Professional Conduct Team, Claire now leads a group of experienced solicitors who specialise in defending practitioners in a wide range of complex health law matters including; coronial investigations and inquests, commissions of inquiry, and complaints to regulators. She has represented practitioners in the Coroners Court of Queensland, the Human Rights Commission, the Queensland Civil and Administrative Tribunal as well as both the District and Supreme Courts. She also provides general advice as part of Avant’s Medico-legal Advisory service. Claire is the Deputy Chair of the Queensland Law Society’s Health and Disability Law Committee well as a member of the Occupational Discipline Law Committee. She is a volunteer Judicial Committee Member with community sporting organisations and a member of the Medico-Legal Society of Queensland.

 

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Legal and Regulatory Issues for the Health Sector: Defamation and the Health Sector

Wednesday, 19 June 2024

A health check for health care practitioners regarding your rights when subjected to criticism online, to the regulator or elsewhere. You will gain knowledge of what is defamation, how the laws may or may not assist you to prevent the criticism plus other forms of relief, what evidence is required to succeed and how much money might be awarded.

Description

Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories

Chair

Robert Samut, Principal, Barry Nilsson

1.00pm to 2.00pm What You Need to Know about Defamation Before You Pay the Lawyers

 

  • What is this thing called…Defamation and those who practice on it?
  • The tyranny of a less than glowing social media review about you
  • Recent changes to legislation and their effects on you
  • How to deal with defamatory publications
  • But there has been a report to AHPRA!
  • Where the real fight often is: Defences
  • Damages: quantum and the American version: QUANTUM!
  • Victory may be sweet but can be Pyrrhic

Presented by Darren Bracken, Barrister, Foley’s List

Presenters

Mr Darren Bracken, Barrister,
Darren Bracken practises broadly in the civil jurisdiction providing strategic advice and advocacy in both common law and commercial proceedings. His broad experience allows efficient and insightful assessment of facts, law and circumstances resulting in early identification of a case's strengths and difficulties. Darren's strong verbal skills facilitate real communication with a broad range of clients and his sincerity and professional verve result in his clients feeling engaged and confident that their interests are being enthusiastically advanced. Darren's acute commercial sense facilitates cost effective representation resulting in real solutions. Darren's experience includes appearing in cases involving debt disputes, insurance disputes (acting for both insurer and insured), professional indemnity claims, defamation proceedings, building disputes. Confiscation Act matters, Sentencing Act claims for property and compensation and a wide range of tortuous claims including class actions/group proceedings. Darren has appeared in many Supreme Court and Court of Appeal cases dealing with applications for compensation under the Sentencing Act including many of the 'Esso/Longford applications' and subsequent appeals. He has appeared at the Racing Appeals Tribunal, the Racing Appeals and Disciplinary Board and the International Court of Arbitration for Sport. Darren's forensic skills are augmented by 15 years in the Victoria Police Force substantially involved in the investigation of complex crime. He completed his articles of clerkship with Abbott Stillman and Wilson dealing with a wide variety of commercial (including bankruptcy) and personal injury litigation. On coming to the Bar, Darren read with Mark Dreyfus QC (now Federal Member for Isaacs). Darren was a sessional staff member at Deakin University during 1998-2001. In June 2005, led by Lex Lasry QC (as he then was) went to Sierra Leone for the appeal of an Australian citizen in relation to serious criminal charges and whilst there was appointed an Independent Prosecutor to the Special Court of Sierra Leone. Darren is currently a Law Reporter for the Victorian Reports in relation to Civil and Commercial matters. Darren is a member of the Common Law Bar Association and a committee member of the Medico Legal Society.

 

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Legal and Regulatory Issues for the Health Sector: The Gender Pain Gap: Implications of Disparities in Experience and Treatment

Friday, 28 June 2024

The findings of the Victorian Governments’ Listening to Women’s Voices report include 30 percent of more than the 1700 participants said conditions such an endometriosis, menopause and chronic pain led to poor mental health, four in 10 Victorian women live with chronic pain, one in three have health conditions that affect their ability to work and keep a job. Join this fireside chat to delve into the elements of conscious or unconscious bias as it effects women’s health and hear about the potential implications of medical gender bias on the medical profession and what potential remedies the legal profession may be able to access.  

Description

Attend and earn 1 CPD unit including
0.5 unit in Substantive Law
0.5 unit in Professional Skills

This program is applicable to practitioners from all States & Territories


*New program date to be confirmed

1.00pm to 2.00pm Reflections on the Changing Perspective Towards Women’s Pain

Presented by Justine Anderson, Senior Associate, Carroll & O’Dea; President, Women Lawyers Association NSW and Marion Isobel, Barrister, Green’s List

Presenters

Justine Anderson, Senior Associate, Carroll & O’Dea Lawyers
Justine Anderson is a civil litigation lawyer focusing on medical litigation and her practice includes gynaecological and obstetric cases, wrongful birth, cases involving pulmonary embolism, sepsis, adverse surgical outcomes and coronial inquires. Justine is the President of the Women Lawyers Association of NSW. Involved since 2016, by 2019, she led a sub-committee called ‘Welcome to the Law’ aimed at law students and early career lawyers. She ran a suite of seminars on written and oral advocacy, court appearances, emotional resilience, mentoring, networking and business development to name a few. Justine is the outgoing Chair of the Carroll & O’Dea Lawyers Diversity Group which aims to advance diversity and inclusion within the firm. Prior to joining Carroll & O’Dea Lawyers she worked in a number pathology laboratories and private hospitals, providing her with a unique set of problem solving skills when approaching medical and other legal matters.

 

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WEB245N08

Legal and Regulatory Issues for the Health Sector

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

All Sessions
Tuesday, 21 May 2024,
Wednesday, 29 May 2024,
Thursday, 06 June 2024,
Wednesday, 12 June 2024,
Wednesday, 19 June 2024,
Friday, 28 June 2024
CPD Points 9
9
$930.00
Online 20240527

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