Medical negligence claims remain one of the most complex and evidence-driven areas of personal injury practice. Navigate common high-risk claims and deal with the difficult issues in those claims all in one half-day; delayed and missed diagnosis, liability and causation and aged care medical negligence which is emerging as one of the fastest-growing areas of claim and creates significant risk for medical staff. and the practical challenges of investigating and building a claim from initial instructions through to expert evidence. Gain practical guidance on assessing claim viability, overcoming evidentiary hurdles, and developing effective litigation strategies to achieve the best outcomes for your clients. Walk away with practical lessons that you will want to implement into your medical negligence matters.

Presenters

Kate Avery, Principal Lawyer, Kare Lawyers
Kate Avery is a Principal Lawyer of Kare Lawyers. She has worked exclusively in personal injuries litigation for 22 years and has been a Queensland Law Society Accredited Specialist in Personal Injuries since 2005. Kate is a former sessional academic in the QUT Legal Practice Course where she conducted the Personal Injuries Proceedings Act workshop. She is former deputy Chair of the QLS Advisory Committee for Personal Injuries Specialist Accreditation.

David Higgs SC, 12 Wentworth Selbourne Chambers
David was admitted as a solicitor in 1973, commenced practice as a barrister on 1 January 1977 and was appointed Senior Counsel in 1995. He has appeared in a wide variety of matters at first instance and/or on appeal in the Supreme Courts of NSW, the ACT, Victoria, Queensland, Tasmania and Western Australia as well as in the Federal Court of Australia and the High Court of Australia. Relevant to this seminar, one of David’s main areas of practice is medical negligence. Only recently, in Polsen v Harrison [2024] NSWCA 224, he appeared before the New South Wales Court of Appeal for the appellant. That case deals with the vexed issue as to what is required for a defendant to establish no liability based on s.5O of the Civil Liability Act 2002 (NSW). David now mainly acts as a mediator or arbitrator.

Seun Idowu, Partner, Hall & Wilcox
Seun works across the NSW and ACT jurisdictions and is a defendant insurance litigator with a speciality practice in health law, aged care and disability and sensitive issues including historical abuse. Seun provides her clients with proactive support on receipt of instructions including prompt investigation and early advice and recommendations designed to promote cost efficiency. Her rigorous approach to matters is tempered by her empathy. Her aim is to expeditiously resolve meritorious claims on best terms to the insurer and insured, and robustly defend unfounded and opportunistic claims. Prior to transitioning into private practice, Seun spent almost a decade working within the NSW public service including what was known as the Department of Ageing, Disability and Home Care. She provided legal and policy advice to Government and NGO stakeholders around issues concerning risk mitigation, ageing, disability, assault and trespass to vulnerable individuals, the National Disability Insurance Scheme, and home care.

James Adams, Senior Associate, Turner Freeman
James was admitted to practice in 2016. He joined Turner Freeman in 2023 and is based in the Adelaide office, where he practises predominantly in medical negligence matters. James also represents clients in public liability, motor vehicle accident, and superannuation claims. James has a client-centric approach, prioritising clear communication and empathy. James recognises the life-altering nature of personal injuries, and he is committed to guiding clients through the legal process with transparency and compassion. James strives to not only secure financial compensation but also to provide emotional support during what can be a challenging time for clients and their families.

Robert Samut, Principal, Barry Nilsson
Robert Samut is a principal in the Insurance and Health team and is based in the Brisbane office. He's been at BN for more than 20 years. Robert specialises in a range of areas, including: Medical negligence and health, Professional indemnity, Public liability, Product liability, Insurance contract advice. Heading the BN national health team, Rob acts in large litigation and disputes for public and private hospitals, doctors and allied health care workers. Rob is also involved in providing advice in non-contentious matters. Additionally he acts for insurers, self-insureds, government agencies, underwriters and brokers. Rob is passionate about providing education and training to clients and the wider insurance and health care industries. He is recognised as a thought leader and is regular asked to comment on insurance and risk issues, and has published widely in the area. Rob’s programs and courses have become very popular with a wide range of professionals. In 2020, Rob developed and ran the Medical Law In Queensland Course, which explored all aspects of medical law in Queensland. Completed over six months the course proved to be a hit with the Queensland’s healthcare professionals who were involved. The course is now being run annually.