Medical Negligence Under the Microscope

This timely, and information-packed seminar will keep you up to date and deepen your knowledge of key legal issues for medical negligence and health law practitioners. Covering preparing for trend in cerebral palsy cases, the new duty of candour, adequacy and admissibility of expert evidence and mediation this seminar has it all!

Friday, 10 March 2023
4.30pm to 5.15pm Overview of Recent Significant Medical Negligence Cases

This presentation will analyse a selection of recent decision that will assist you keep up to date with changes in medical negligence law and practice.
Presented by Gabrielle Feery, Senior Associate and Katie Murphy, Senior Associate, Maurice Blackburn Lawyers

Chair:

Jane Fiske, Partner, Lander & Rogers

2.45pm to 3.30pm New Victorian Legislated Duty of Candour
  • The duty: what it is and why it exists
  • Interaction with open disclosure: how it differs
  • What triggers the duty; the SAPSE
  • The accompanying suite of legislative initiatives and protections including
    • new apology laws (and comparison with the old ones)
    • protected investigations et cetera
  • Impact on medicolegal proceedings e.g. litigation, complains and coroner investigations

Presented by Bob Milstein, Principal, Milstein & Associates

3.45pm to 4.30pm Immediate Action by National Boards: What is Really in the Public Interest?
  • Outline of the regulatory Immediate Action framework
  • Power and purpose of section 156(1)(e) of the National Law
  • Pushing the boundary with respect to boundary violations - a broadening of the regulatory scope
  • Case studies - when private matters become matters of "public interest"

Presented by Sebastian Reid, Barrister, Dever’s List and Melissa De Bortoli, Senior Associate, Lander & Rogers

2.00pm to 2.45pm Trends in Cerebral Palsy Cases: A Changing Landscape
  • Explore common themes in cerebral palsy litigation in the context of two real-life cases
  • The challenges presented by NDIS
  • Parents as carers and genetic testing
  • The international landscape to identify some similarities and differences in how these issues are being addressed

Presented by Bree Knoester, Principal Lawyer; Leading Medical Negligence Compensation Lawyers (Plaintiff), Doyles Guide 2021 and Jyoti Haikerwal, Associate, Brave Legal

Description

Attend and earn 3 CPD units in Substantive Law
This program is based on VIC legislation

3.30pm to 3.45pm Afternoon Tea

Presenters


Jane Fiske, Partner, Lander & Rogers
Jane has acted on behalf of many Victorian public and private hospitals, health facilities, doctors and allied health professionals. She has extensive experience in coronial enquiries, complaints, significant claims and defence litigation in the medical malpractice sphere. Jane has authored a number of other health and litigation related e-bulletins. Jane is recognised in the 2019 and 2020 editions of Best Lawyers in Australia for her expertise in Medical Negligence law. She is also in the current edition of the Doyle's Guide as a pre-eminent lawyer in the field of Medical Negligence. Jane is also chair of the firms ethics Committee. Jane is a member of the Law Institute of Victoria, Women in Insurance, and the Medico Legal Society.


Melissa De Bortoli, Senior Associate, Lander & Rogers
Melissa is an experienced medical indemnity and health lawyer specialising in civil, coronial and AHPRA proceedings. Melissa's experience in health and medical law sees her defending complex, sensitive and high-profile medical indemnity and health related claims brought against public health services, doctors and allied health professionals. Melissa also has a strong interest and expertise in defending doctors, nurses and allied health professionals in AHPRA investigations and disciplinary proceedings before VCAT, particularly in relation to matters relating to sexual abuse, substance abuse and boundary violations. Melissa is a member of the Law Institute of Victoria and Women in Insurance.


Katie Murphy, Senior Associate, Maurice Blackburn Lawyers
Katie Murphy is a Senior Associate in the medical negligence team in Maurice Blackburn’s Melbourne office, while also servicing Gippsland, Frankston and the Mornington Peninsula. Katie assists clients who have suffered injuries as a result of delayed diagnosis and treatment, surgical errors, and birth trauma, as well as those who have psychological injuries as a result of the loss of a loved one from medical malpractice. Katie has also represented a number of patients who have been sexually assaulted in the course of medical treatment. Katie has a Masters in Medical Law, and assists in running the HeLP Patient Legal Clinic at the Alfred Hospital. Katie is a member of the LIV’s Health Law Committee, and is a volunteer lawyer at the Fitzroy Legal Service.


Bree Knoester, Principal Lawyer, Brave Legal
Bree Knoester is the founder of Brave Legal and one of Australia’s leading personal injury lawyers. Bree has practiced for over 18 years as both a barrister and solicitor and has represented clients in some of Victoria’s largest compensation settlements. In recognition of her experience and exceptional client results, Bree has won numerous industry awards including ‘Lawyer of the Year’ in Personal Injury Litigation (Best Lawyers® in Australia 2020), Preeminent practitioner – Asbestos & Dust Diseases Compensation (Doyle’s Guide 2020), Preeminent practitioner - Work Injury Compensation (2020), and Partner of the Year Finalist - Litigation (Lawyer's Weekly 2019).


Jyoti Haikerwal, Associate, Brave Legal
Since 2017, Jyoti has achieved substantial settlements for clients injured as a result of medical negligence. Jyoti also has experience in public liability claims and an interest in Coronial Inquests, nursing home neglect and cases involving children. Jyoti enjoys applying the law to complex medical situations and thrives on working hard to understand every aspect of her client’s case. This often requires mastering a knowledge of anatomy, surgical techniques, infection control, nursing care and emergency medicine. Jyoti was named the winner of the Insurance category at the Lawyers Weekly 30 Under 30 awards and was recognised as “One to Watch” in Medical Negligence and Litigation by Best Lawyers in Australia.


Bob Milstein, Principal, Milstein & Associates
Bob Milstein is an experienced medical negligence solicitor, having practised almost exclusively in that area for well over two decades. He was the chief author of the legal review that preceded — and informed – the rollout of the original Open Disclosure Standard (as it was then called). He now divides his professional time between his health law practice and a plain language/clear writing training business.


Sebastian Reid, Barrister, Dever’s List
Sebastian practises in public, administrative and common law. He acts both for and against government agencies and departments, local government and other statutory bodies in areas including licensing and regulation (with administrative and offence provisions), coronial inquiries and police torts. He has appeared and has done work for a number of statutory authorities and agencies including PrimeSafe, Melbourne Water, the City of Melbourne and Workcover. Sebastian also has experience in conducting common law proceedings. In 2016 he became a member of the Appeals Committee of the Royal Australasian College of Surgeons and in 2018 was invited to join the Professional Standards Committee of the Royal Australasian College of Surgeons.


Gabrielle Feery, Senior Associate, Maurice Blackburn Lawyers
Gabrielle Feery is a Senior Associate in the medical negligence team in Maurice Blackburn’s Melbourne office. She represents clients in a range of areas including delayed diagnosis of cancer, delay in treatment at emergency departments, birth trauma, orthopaedic injuries, and catastrophic injuries relating to medical treatment, along with representing families in the Coroners Court. Beginning her career in personal injury law in 2009, Gabrielle was particularly drawn to medical negligence by the complex challenges involved in such cases. Gabrielle manages her Melbourne practice while servicing the Geelong and Western Victoria area, and services the HeLP patient legal clinic at the Alfred Hospital. Gabrielle was recognised by Doyle's Guide as a leading plaintiff medical negligence lawyer in Melbourne in 2015.

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Medical Negligence Under the Microscope

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Single Session
Friday, 10 March 2023
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
3
$420.00
Face to Face 20240504 20230310

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Venue
RACV City Club

Level 2, 501 Bourke Street, Melbourne 

Directions

Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court

Parking Information

Parking is not included in you registration. Here are some options below:

RACV City Club Car Park. Click here to view rates