Step into the world of cutting-edge medical law and tackle the hottest medical negligence issues. Explore topics including when a health practitioner’s behaviour constitutes professional misconduct, the impact of the Dean v Pope case on negligence claims and the latest updates in cosmetic surgery practices. Gain insight into the legal and ethical complexities surrounding AI and robotic-assisted medical practices, from data interpretation errors to liability in robotic surgeries. Explore these issues with top-notch experts, who offer their invaluable insight and practical knowledge of navigating the evolving landscape of medical professionalism and legal accountability.
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair:
Marie-Clare Elder, Partner, Specialty Lines, Sparke Helmore Lawyers
9.00am to 10.00am Recent Disciplinary Cases Involving Medical Practitioners
- When does a health practitioner’s behaviour amount to professional misconduct?
- When poor performance or clinical mismanagement can among to professional misconduct
- Some case examples from Tribunals
Presented by Kate Evans, National Manager, Professional Misconduct Unit, AHPRA
11.15am to 12.15pm Cosmetic Surgery Updates
- A brief overview of cosmetic vs plastic surgery
- Understanding patient rights and doctor duties in cosmetic and plastic surgery
- Regulation of the cosmetic surgery industry
- Case studies
Presented by Antonia Quinlivan, Barrister, Greenway Chamber
10.00am to 11.00am Clarifying the Competent Professional Practice Defense: The Law After Dean v Pope
- How does Dean v Pope affect the burden of proof in negligence cases
- Legal standards and benchmarks set by the Court for determining competent professional practice
- Implications of this case on future litigation and professional conduct
Presented by Dr Ada Lim, Barrister, 3 St James’ Hall; Former Medical Practitioner
11.00am to 11.15am Morning Tea
12.15pm to 1.15pm Legal and Ethical Challenges in AI and Robotic-Assisted Medical Practices: Training, Liability, and Regulation
- Artificial intelligence (AI) and clinical decision support tools
- Addressing the increased risk of misdiagnosis due to errors in data interpretation and medical diagnosis
- The legal responsibility of institutions to provide adequate training on AI usage to prevent technological illiteracy and blind reliance
- Examining the regulatory challenges in ensuring AI is used as a supportive tool rather than a crutch in medical practice
- Robotic/technology assisted surgery
- Examine the legal challenges in attributing liability between human operators and technology in robotic-assisted surgeries
- Address the ambiguity in liability when both medical professionals and technology contribute to adverse surgical outcomes
- Highlight the need for legal precedents and regulatory frameworks to guide malpractice claims in robotic-assisted surgeries.
Presented by Louise Cantrill, Partner, Insurance, Mills Oakley
Presenters
Kate Evans, National Manager, Professional Misconduct Unit, AHPRA
Kate Evans joined Ahpra in 2016 and is a National Manager in Ahpra’s National Legal Practice. Kate manages the Professional Misconduct Unit, a large team of lawyers who are responsible for providing legal services relating to the most serious, disciplinary matters about health practitioners. Kate was admitted as a lawyer in 2002. Prior to joining Ahpra she gained extensive legal experience in private practice working primarily in litigation and dispute resolution matters involving legal issues across a broad spectrum of the law including regulation, health, administrative, tort and commercial law.
Antonia Quinlivan, Barrister, Greenway Chambers
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, Partner, Specialty Lines, Sparke Helmore Lawyers
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 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.
Louise Cantrill, Partner, Insurance, Mills Oakley
Louise is an independently recognised expert in medical negligence, professional malpractice and insurance with over 25 years’ experience. Over the course of her career Louise has defended hundreds of general and specialist medical practitioners, allied health professionals, general and specialist practices and clinics, day surgeries, public and private hospitals, aged care facilities, community care providers, telehealth and remote services. Louise manages claims from small, unlitigated matters to complex, multi-party proceedings in the District, Supreme and Coronial Courts, including catastrophic injury, class actions and high profile cases. She also assists practitioners in responding to complaints, disciplinary proceedings and performance reviews. She has a particular interest in technology and AI and its use in the healthcare setting.
