Medical Negligence

Step into the world of cutting-edge medical law and tackle the most topical medical negligence issues. Examine the current landscape, challenges, and opportunities in class actions involving medical technologies, defective drugs, devices, and product liability claims. Get critical updates on recent decisions under NSW’s Civil Liability Act 2002, Section 50, as well as key rulings on breach of duty and causation. Gain fresh insights from the Parliamentary inquiry into birth trauma and what it means for your practice. Plus, hear from a leading cosmetic surgeon on the risks and common mistakes in cosmetic procedures.

Friday, 21 February 2025
Description

Attend and earn 4 CPD units including:  
3 units in Substantive Law 
1 Unit in Professional Skills
This program is based on NSW legislation

Chair:

David Higgs SC, 12 Wentworth Selborne Chambers

9.00am to 9.45am Medical Products, Product Liability and Class Actions: Prospects and Pitfalls

 

  • New medical technologies and potential liability for defective devices and drugs
  • Lessons from recent class action litigation arising out of defective drugs and devices
  • Distinguishing product liability claims against manufacturers and suppliers of defective drugs and devices and medical negligence claims against health care providers  

Presented by Dr Peter Cashman, Barrister, Third Floor Wentworth Chambers; Adjunct Professor of Law, University of New South Wales Faculty of Law & Justice; Best Lawyers  2019-2024, Class Action Litigation

9.45am to 10.30am Competent Professional Practice and Section 5O of the Civil Liability Act 2002 (NSW): Current State of Play

 

  • The elements of the defence
  • What evidence is required to establish the defence?
  • Procedural pitfalls and tips as to pleadings and particulars
  • A discussion of recent cases   

Presented by Teni Berberian, Barrister, 13 Wentworth Chambers; Preeminent Professional Indemnity Junior Counsel, Doyle’s Guide 2023; Best Lawyers 2024, Insurance Law and Medical Negligence

10.30am to 11.15am Catching up on Recent Decisions: The Latest in Breach of Duty and Causation and Other Issues

 

Explore the latest decisions on Breach of Duty, Causation and other key issues. Stay informed on recent case law and gain practical insights on the relevance of these cases in your practice and medical negligence. 

Presented by Antonia Quinlivan, Barrister, Greenway Chambers

11.15am to 11.30am Morning Tea
11.30am to 12.15pm Industry Update: Parliamentary Enquiry into Birth Trauma (Obstetrics Violence)

 

  • Submission highlights
  • Final Report and recommendations
  • Government response
  • Practical application 

Presented by Dr Anna Walsh, Lecturer, University of Notre Dame, Legal Consultant; former Accredited Specialist in Personal Injury Law (Medical Negligence); former Principal/Director, Maurice Blackburn Lawyers

Professional Skills
12.15pm to 1.15pm Cosmetic Surgery and Doctors Performing Badly: ‘Cosmetic Cowboys’

 

  • Understanding surgical training, titles and differences between plastic and cosmetic surgery
    • Training and qualifications
    • Cosmetic surgeon vs plastic surgeon
    • Regulation of the cosmetic surgery industry
    • Explanation of relevant medical terms
  • Types of procedures that being done badly eg tattoo removals
  • Exploration of the types of medical mishaps that result in claims being initiated
    • Types of injuries (physical and psychological) that might flow from poor surgical practices
    • Case studies
  • What is the current opinion by the medical industry  

Presented by Dr Gavin Sandercoe, Plastic Surgeon

Testimonials

"The on day experience was invaluable and was very interesting and improved my overall experience." 
"The experience has been invaluable and it has broadened my understanding of current law in the medical negligence area."
"I thought the speakers were great."

Presenters


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.


Dr Gavin Sandercoe, Plastic Surgeon
Dr. Gavin Sandercoe is a Specialist Plastic Surgeon who completed his surgical training in 2007. Gavin is a member of the Australian Society of Plastic Surgeons (ASPS), the Australasian Society of Aesthetic Plastic Surgery (ASAPS) & the Royal Australasian College of Surgeons (RACS). After Gavin completed his training, he spent time in Kathmandu performing microsurgery in a charity hospital, and then he completed a fellowship at Harborview Hospital in Seattle where he focussed on complex facial reconstruction after trauma. After Gavin returned to Sydney, he was the primary breast cancer reconstruction surgeon at Liverpool Hospital from 2009 to 2019. During his time in the public hospital system, Gavin was involved in registrar teaching for facial trauma and developed a cadaver course for education in surgical access to the facial skeleton & teaching how those techniques were important in facial cosmetic surgery. At the end of 2019, Gavin left Liverpool Hospital to focus on his private practice in Bella Vista.


David Higgs SC, 12 Wentworth Selborne Chambers
David Higgs SC was admitted to the bar in 1976 and appointed Senior Counsel in 1995. He practices in the areas of Common law (including professional negligence), Commercial law, Equity, Insurance, Competition and Consumer law, Construction law and Criminal law.


Dr Peter Cashman, Barrister, Third Floor Wentworth Chambers
Dr Peter Cashman is a barrister at 3 Wentworth Chambers in Sydney, former Professor of Law (Social Justice) University of Sydney Law School, currently Adjunct Professor, Faculty of Law & Justice, University of New South Wales. He was formerly: Commissioner in charge of the civil justice review with the Victorian Law Reform Commission; Commissioner jointly in charge (with Justice John Basten) of the reference on class actions with the Australian Law Reform Commission; founding Director of the Public Interest Advocacy Centre; founder and senior partner of the firm Cashman & Partners which merged with the Melbourne firm Maurice Blackburn & Co to form the national firm Maurice Blackburn Cashman (now Maurice Blackburn Pty Ltd); Governor of the American Trial Lawyers' Association (now the American Association for Justice) and National President of the Australian Plaintiff Lawyers' Association (now the Australian Lawyers Alliance). He holds a degree in law and a diploma in criminology from the University of Melbourne and a Master of Laws degree and a PhD from the University of London. He has practised law in the United Kingdom, the United States and Australia and is the author of numerous publications, including Class Action Law and Practice, The Federation Press, 2007.


Teni Berberian, Barrister, 13 Wentworth Chambers
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.


Dr Anna Walsh, Lecturer, University of Notre Dame
Dr Anna Walsh is a lawyer, bioethicist and academic. A former Principal of Maurice Blackburn Lawyers, she spent 15 years specialising in medical law including birth trauma litigation for plaintiffs. She completed a doctorate in law in 2022 focusing on freedom of conscience for doctors and is a lecturer in the School of Law and Business at the University of Notre Dame Australia where she teaches a number of subjects including Health Law, Bioethics and Mental Health Law. Anna's qualifications are PhD (UNDA), M. Bioethics (Harvard), LL.M (re) (Syd), LL.B (Hons), B. Nurs (Hons).Dip. Leg. Prac.

252N11

Medical Negligence

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Single Session
Friday, 21 February 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
Face to Face 20241112 20250221

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Venue
Legalwise Seminars

Level 11, 70 Pitt Street, Sydney 2000

Directions

These are nearby public transport options.

By Train: Wynyard Station and Martin Place Station are only a 5 minute walk away

By Light Rail: Wynyard Light Rail Station is only a 4 minute walk away

Bus: The Clarence Street Bus Interchange is only 450m and there are many buses that stop nearby

Ferry: Circular Quay is the closest Ferry

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