Health law is rapidly evolving. From advertising compliance and consumer rights to AI in health records to coronial inquests and civil liability, this event offers a comprehensive overview to make sure you don't fall behind. Hear from expert practitioners as they unpack recent developments and key legal risks impacting the health sector today. Polish your professional skills by into how to best prepare a negligence case for mediation and the best practices for communicating with experts.
Description
Attend and earn 4 CPD Points in Substantive Law
This program is applicable to practitioners from all States & Territories
9.00am to 10.00am Consumer Rights in the Health Sector
- Misleading and deceptive conduct
- Unfair contracts
- Health Practitioner Regulation National Law
- The Therapeutic Goods Advertising Code
- Case study - Advertising of Injectable Cosmetics
- Recent increased restrictions enacted by the TGA
- Increased penalties by the TG Act
- Liability for corporate bodies in breach of ss 7
- Implications of Fidge v Pfizer Australia Pty Ltd [2024] FCA 161
Presented by Alison Choy-Flannigan, Partner and Co-Lead Healthcare, Hall & Wilcox; Recognised in The Best Lawyers in Australia since 2008 for Health & Aged Care and also Retirement Living and Biotechnology; Leading Health and Aged Care Lawyer, Doyles Guide annually since 2017
10.00am to 11.00am Medical Negligence & Civil Liability Claims
- Guidance on how legal practitioners can best prepare a medical negligence case for mediation including discussion of best practices when communicating with experts
- Overview and analysis of recent medical negligence cases (including relevant interlocutory decisions)
Presented by Scott Sherwen, Partner, Makinson d’Apice Lawyers
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
Chair:
Andrew Allan, Partner, HWL Ebsworth; ‘Lawyer of the Year’ for Alternative Dispute Resolution in Canberra 2023 Best Lawyers Australia. ‘Lawyer of the Year’ Insurance Canberra 2022
11.00am to 11.15am Morning Tea
12.15pm to 1.15pm Legal and Regulatory Issues with respect to the use of AI in the Health
- An analysis of key studies with respect to AI in Medical records, its uses, the ethical considerations, its limitations, and the emerging lessons
- A discussion of notable Court decisions both nationally and internationally with respect to the use of AI in connection with medical records
- An analysis of the key warnings from Courts and legal experts in this developing area of jurisprudence.
Presented by Alison Choy-Flannigan, Partner and Co-Lead Healthcare, Hall & Wilcox; Recognised in The Best Lawyers in Australia since 2008 for Health & Aged Care and also Retirement Living and Biotechnology; Leading Health and Aged Care Lawyer, Doyles Guide annually since 2017
Presenters
Andrew Allan, Partner, HWL Ebsworth
Andrew is a Partner in the HWL Ebsworth National Insurance Group, based in Canberra. Andrew is an expert dispute resolution lawyer and works primarily in the context of common law-based insurance schemes and administrative benefit and review schemes. Andrew’s clients include private insurers (including medical indemnity insurers), the Commonwealth Government, and the ACT Government. Andrew has extensive experience in personal injury claims, commercial disputes, asbestos-related disease claims, investigations, complaints processes, coronial inquests, and advising on indemnity issues. Andrew was recognised as ‘Lawyer of the Year’ for Alternative Dispute Resolution in Canberra in the 2023 edition of Best LawyersTM Australia. He was recognised as ‘Lawyer of the Year’ for Insurance work in Canberra in the 2022 edition. He has also been recognised in the same publication for Government Practice (2017 – 2024), Insurance (2019 – 2024) and Dispute Resolution (2020 - 2024).
Dr Ada Lim, Barrister, Third Floor, St James Hall Chambers
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.
Alison Choy-Flannigan, Partner and Co-Lead Healthcare, 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 & Care 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 and Chambers for Life sciences. 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.
Scott Sherwen, Partner, Makinson d’Apice Lawyers
Scott has specialised experience in providing legal advice to individual medical practitioners and public health facilities in respect of medical negligence claims and coronial proceedings. In this regard, he has advised in relation to a number of multi-party matters, which involve complex liability, causation, contribution, and damages issues. Scott adopts a pragmatic and measured approach towards conducting litigation, which is focussed on building and maintaining strong relationships with clients by ensuring that they are in a strong position to defend claims where appropriate. Where liability is clear, Scott take steps to resolve matters in the most cost effective and timely manner possible.
