Medical Negligence Claims: Current Issues and Case Insights

In Australia, medical negligence contributes to up to 18,000 deaths and more than 50,000 permanent injuries annually. The numbers are staggering, so take a deep dive into the current concerns in medical negligence claims. Examine issues arising from off-label medication, defective medical products, and the most complex or catastrophic claims, and gain practical insights into disciplinary matters and inquests.

Friday, 20 February 2026

Early Bird Discount ends 19 Dec 2025
11.00am to 11.15am Morning Tea
Description

Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories 

Chair:

Teni Berberian, Barrister, 13 Wentworth Chambers

9.00am to 10.00am Standard of Care, Breach of Duty and the Use of “Off-Label” Medication

 

  • The common practice of off-label medication - what is it?
  • standard of care under common law and its interaction with statutory defences such as section 5O of the Civil Liability Act 2002 (NSW)
  • meeting the standard of care where off label medication is prescribed, using medicinal cannabis and weight loss drugs as examples

Presented by Louise Cantrill, Partner, Mills Oakley, Recommended Lawyer, Medical Negligence/ Professional Indemnity/ Public Liability/ Malpractice (Defendant), Doyle’s Guide

10.00am to 11.00am Class Actions and the Resolution of Claims Arising out of Defective Medical Products

 

  • Procedural and choice of law complications in product liability and mass tort claims
  • Problems of causation
  • Difficulties in seeking to quantify the claims of the class
  • Procedural shortcuts for the determination of liability
  • Settlement distribution schemes: the good, the bad and the ugly

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 2026, Class Action Litigation

12.15pm to 1.15pm Disciplinary Matters and Inquests

 

  • The focus of the HCCC and AHPRA
  • How do the HCCC and Medical Council work
  • How best to deal with disciplinary complaints
  • Recent notable cases
  • Representing medical practitioners at Inquests

Presented by Kate Hickey, Principal, Barry Nilsson; Recognised by Doyle’s Guide as a Leading Medical Negligence Lawyer in NSW 2025

11.15am to 12.15pm Complex and Catastrophic Claims

 

  • Practical insights from a Plaintiff perspective
  • Fact finding and evidence gathering
  • Case studies and analogies

Presented by Sally Gleeson, General Counsel, Stacks Goudkamp, Doyle’s Guide 2025, Leading Medical Negligence Lawyer in NSW and Recommended Medical Negligence Lawyer in Australia

Presenters

Kate Hickey, Principal, Barry Nilsson
Kate has practiced exclusively in health law and professional indemnity for over 20 years, acting for a range of medical professionals and facilities. She has acted in defence of professional negligence injury claims and disciplinary matters, and is experienced in the defence of disciplinary complaints to the Australia Health Practitioner Regulation Agency, Health Care Complaints Commission and the related professional Council’s. She has also been asked to advise on risk management and has presented on this topic to a number of professional associations. Kate brings an intelligent approach to her claims work, developed during her time at a specialist medical negligence Sydney law firm where she acted for medical practitioners in professional indemnity and disciplinary proceedings. She has also acted on occasion in criminal proceedings brought against health practitioners. Kate has an extensive health law practice involving doctors, dentists, physiotherapists and private hospitals. She also represents doctors and other health practitioners in Inquests. She is a regular presenter at medico-legal risk management seminars and has been a key adviser to the Australian Dental Association across the country.

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.

Sally Gleeson, General Counsel, Stacks Goudkamp
Sally has over 25 years of experience in the field of personal injury law and has developed an extensive legal portfolio, having represented people from all walks of life. Sally’s career background includes a primary leadership position where she headed multiple practice groups in the areas of medical negligence, institutional abuse and general personal injury law. Sally also pioneered a major cosmetic class action on behalf of over a thousand women. Sally has exclusively practised in the niche area of medical negligence law for the majority of her career, with a special focus on complex and catastrophic claims. Sally is recognised as a leading expert in her field, with her tenacious drive for justice and refined negotiation skills placing her in the prime position of being able to secure just and proper compensation for her injured clients. Sally exhibits compassion and understanding in all her dealings with her clients, recognising the gravity of their injuries and the impact on their lives and on their loved ones. Sally also recognises the importance of exercising sensitivity and discretion, for example, when dealing with high profile clients, or in claims involving children. Regardless of the size or scale of the issue at hand, Sally always strives to provide her clients with a personalised and exceptional legal service and feels privileged to have been involved in each of their legal journeys.

Dr Peter Cashman, Barrister, 3 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.


Louise Cantril, Partner, 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.

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Medical Negligence Claims: Current Issues and Case Insights

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Single Session
Friday, 20 February 2026
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
USE EB26230 Promotional Code at the Checkout | $353.50
Online 20251107 20260220

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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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