Psychiatric and Psychological Injury Claim Fundamentals with the Experts

If you are new to or only recently started running or defending psychological injury claims or would like a refresher, then join a prominent psychiatrist working in the field, senior counsel, and leading experts in the area who will walk you through the fundamentals of the medicine, the law, and how it all fits together. 

Thursday, 8 June 2023
Chair:

Michael Lombard, Principal, Lombard Mediation

2.00pm to 2.45pm Fundamentals of the Law Relevant to Psychological Injury Claims
  • Establishing duty of care, breach and causation
  • The importance of getting an accurate history before issuing proceedings
  • Obtaining all clinical records as early as possible
  • Pleadings
  • Discovery (including accessing texts and other forms of electronic evidence) 

Presented by Tim Tobin SC, Lennon’s List; Preeminent Insurance Law Senior Counsel, Doyles Guide 2022

3.45pm to 5.15pm IN-DEPTH INSIGHTS FROM THE MEDICAL PERSPECTIVE

Understanding the Medicine and the Roles of the Psychiatric Expert in Mounting or Defending a Claim

  • Scope of the work
  • Diagnostic systems
  • Types of treatment
  • Typical workplace and motor accident psychiatric injuries
  • Psychiatric assessment regarding workplace, transport accident and personal injury claims 
  • A brief comment on the relevant legislation
  • Requirements of the referral source with examples including WorkCover agents, the TAC, MAA, MAC etc, plaintiff's solicitors and other bodies including Health Complaints Commission, Insurance Companies and others
  • Understanding how the psychiatrist prepares the report 
  • Psychiatric Impairment Guides used in Australia: a brief overview
  • Court issues for psychiatrists
  • Direct examination
  • Cross examination
  • Conclaves and concurrent evidence 

Presented by Dr Michael Epstein, Psychiatrist

2.45pm to 3.30pm Assessing Damages for Psychiatric Injuries
  • General principles in assessment of damages
  • Damages for what? Proving causation in psychiatric injury cases
  • Survey of recent awards in psychiatric injury cases 

Presented by Amy Johnstone, Barrister, Greens List and Genna Angelowitsch, Barrister, Green’s List

Description

Attend and earn 3 CPD units including:
1.5 units in Substantive Law
1.5 units in Professional Skills
This program is based on VIC legislation

Presenters


Michael Lombard, Principal, Lombard Mediation
Michael Lombard is a mediator specialising in personal injury claims at Lombard Mediation. Michael was formerly a Partner at Adviceline Injury lawyers when he was awarded Personal Injury Lawyer of the year 2019 by Best Lawyers in Australia. He was previously involved in high profile cases such as the Bourke street rampage and the Flinders street tram stop attack, as well as a variety of public liability and industrial accident cases. He attained accreditation in Mediation in 2013 and now practices exclusively as a mediator. Michael has also served as a director of the Law Institute and is a current member of the Law Institute ethics committee. He was a Trustee of Lawaid for 10 years, four of which he acted as chairman.


Ms. Amy Johnstone, Barrister, Greens List
Amy is a common law barrister, practicing primarily in negligence and personal injury matters, for both plaintiffs and defendants. She accepts briefs in medical negligence, dust diseases, public and product liability, institutional abuse and intentional tort cases. She also appears in administrative law matters relating to the judicial review of medical panel decisions, as well as coronial inquests. Prior to joining the Bar, Amy was a Senior Associate in the medical negligence team at Maurice Blackburn Lawyers. During her time as a solicitor, Amy acted for plaintiffs in litigated matters of all sizes and complexities, including speedy trials. She also has experience in coronial investigations and inquests. In 2021, Amy was accredited by the Law Institute of Victoria as a Specialist in Personal Injury Law. Amy holds a Juris Doctor (Laws) from Monash University. She also has a Bachelor of Social Work (Hons) and Masters in Social Science (Policy and Human Services) from RMIT. Amy is reading with Patrick Over. Her senior mentor is Fiona Ryan SC.


Dr. Michael Epstein, Psychiatrist, Royal Australian and New Zealand College of Psychiatrists
Dr Michael Epstein has been a psychiatrist since 1975 and a Fellow of the Royal Australian and New Zealand College of Psychiatrists since 1976. He is a co-author of the Clinical Guidelines to the Rating of Psychiatric Impairment and hence has completed the necessary psychiatric module of the Impairment Training Course for the AMA Guides (4th Edition). He has also completed the neurology module involving Chapter 4 of the Fourth Edition of the AMA Guides. He has trained Victorian psychiatrists in the use of the Guidelines. He is also co-, author of the GEPIC and has since trained approximately one hundred psychiatrists in their use.


Mr. Tim Tobin SC, Lennon’s List
Tim Tobin QC was called to the Bar in 1983 and since taking silk in 2002, has mainly acted in personal injury litigation including bushfire and major tort class actions. He is a foundation member of the Australian Lawyers Alliance and a long term member of American Association for Justice (previously ATLA) and APIL. He is also a past member of the Victorian Bar Council, member of the LIV/AMA VicBar, Medico Legal Committee and on the board of the College of Law.


Ms. Genna Angelowitsch, Barrister, Green’s List
Genna is a common law barrister, practicing primarily in personal injury and insurance law. She accepts briefs in transport accident cases, WorkCover and industrial injuries, medical negligence, public liability, police torts, VOCAT and sexual abuse cases. She also appears in administrative law matters relating to the judicial review of medical panel decisions, as well as coronial inquests. Prior to joining the Bar, Genna worked as a solicitor for over ten years in the personal injury department at Holding Redlich (now trading as Redlichs’ Work Injury Lawyers). During her time as a solicitor, Genna managed files across the complete spectrum of personal injury law, particularly in transport accident, industrial injury, medical negligence, public liability and sexual abuse cases. She also instructed in numerous hearings, including VCAT disputes with the TAC, Magistrates Court matters in WorkCover, applications for Serious Injury Certificates in the County Court, common law trials, and appeals in the Court of Appeal (both administrative and substantial). Genna also has extensive experience in the Coroner’s Court, including acting for the family of Gong Ling Tang who died shortly after being in custody at Dandenong Police Station, and acting for the families of the six individuals who died in the Bourke Street attack in January 2017. In 2017, Genna was accredited by the Law Institute of Victoria as a Specialist in Personal Injury Law. In 2019, Genna was a Finalist at the National Women in Law Awards in both the Pro Bono Lawyer of the Year and Senior Associate of the Year categories. In 2020, Genna was again a Finalist in the National Pro Bono Lawyer of the Year category. In 2020 and 2021, she was recognised by her peers through a listing in Doyle’s Guide as a Recommended practitioner in the Motor Accident Compensation, Work Injury Compensation and Public Liability Compensation categories respectively. Genna has authored several articles featured in the Law Institute Journal and Precedent magazine, distributed by the Australian Lawyers’ Alliance. Since 2016, Genna has been a member of the editorial committee for Precedent magazine.

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Psychiatric and Psychological Injury Claim Fundamentals with the Experts

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Single Session
Thursday, 8 June 2023
to Australia/Sydney
CPD Points 3
$420.00
Online 20241122 20230608

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