Medical Negligence in 2024

Need to know the current state of the law in relation to the defence of peer professional opinion and a consideration of recent cases relating to late service of expert reports? Want an understanding of the inquiry into birth trauma in NSW and proposed legislative and policy reforms plus an examination of comparable verdicts? A truly comprehensive update for legal practitioners with a medical negligence practice. 

Friday, 23 February 2024
9.00am to 10.00am Section 5O of the Civil Liability Act 2002: An Update

Medical negligence claims often require a consideration of the question posed by s 5O Civil Liability Act 2002 (NSW); regarding whether the professional acted in a manner that (at the time the service was provided) was widely accepted in Australia by peer professional opinion as competent professional practice. Consider:

  • The evolution of s5O Civil Liability Act and key decisions
  • The decision of the Court of Appeal in Dean v Pope [2022] and the special leave application arising from that decision: Dean v Pope [2023] HCA
  • What does “peer professional opinion” mean?
  • Where are we now?

Presented by Antonia Quinlivan, Barrister, Greenway Chambers

Chair:

Kevin Connor SC, Maurice Byers Chambers   

10.00am to 11.00am Obstetric “Violence: Is Australia Prepared for the Unintended Consequences of the Inquiry Into Birth Trauma?
  • Is it time to have a formal consenting process for vaginal birth, including consent to instrumental delivery?
  • What would the impact of a sharp escalation in Australia’s c-section rate be on the public healthcare system?
  • If we are to accept the term ‘obstetric violence’, will obstetricians and midwives be at risk of criminal assault charges should an emergency instrumental delivery be required?
  • Vicarious trauma to frontline healthcare workers 

Presented by Marie-Clare Elder, Partner, Sparke Helmore Lawyers, and Dr Rachael Hickinbotham, Obstetrician and Gynaecologist

11.15am to 12.15pm Statutory Rules and Regulations Governing the Late Service of Expert Evidence in Medical Negligence Cases
  • Analysis of significant and recent cases relating to the late service of experts’ reports
  • Challenges and difficulties faced by litigants, legal practitioners, and the Court when experts’ reports are served late
  • Guidance on how legal practitioners can ensure compliance with UCPR Rule 31.28 regarding experts’ reports and discussing best practices for avoiding issues related to late service

Presented by Teni Berberian, Barrister, 13 Wentworth Chambers; Preeminent Professional Indemnity Junior Counsel, Doyles Guide 2023

12.15pm to 1.15pm Comparable Verdicts
  • Overview of the latest general damages awards for non-economic loss (with a focus on medical negligence cases in the NSW District and Supreme Courts)
  • Discuss key cases and a comparative analysis of judicial reasoning behind the elements of pain and suffering, loss of amenity of life, loss of expectation of life and disfigurement pursuant to s3 Civil Liability Act 2002 (NSW)

Presented by Louise Jackson, Senior Associate, Slater & Gordon

Description

Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation

11.00am to 11.15am Morning Tea Break
Testimonials

“The standard of the presenters and choice of topics were excellent! So worthwhile!”

“Brillant speakers”

Presenters


Dr. Rachael Hickinbotham, Obstetrician and Gynaecologist,
Dr Rachael Hickinbotham is a Sydney Obstetrician Gynaecologist with over 30 years of professional healthcare experience. As a private North Shore Obstetrician, Dr Hickinbotham is accredited to deliver mothers at The Mater and North Shore Private hospitals. She worked as an intensive care nurse for many years while she worked her way through medical school at the University of Adelaide. Dr Hickinbotham Is a fellow of the Royal Australian and New Zealand College of Obstetricians and Gynaecologists. She was the Senior Registrar at Royal North Shore Hospital during her training and completed the Allan Ferrier Memorial Fellowship year at North Shore Private Hospital and The Mater Hospital. Dr Hickinbotham was awarded the Ian Furley Gold Medal in Obstetrics and Gynaecology.


Ms. Louise Jackson, Senior Associate, Slater & Gordon
Louise is responsible for personal injury cases involving medical negligence claims against Local Health Districts and individual medical professionals in New South Wales. Her professional experience at Slater and Gordon includes acting in relation to a wide range of claims involving all types of physical and psychiatric (nervous shock) injuries, catastrophic injuries affecting all age groups and acting for claimants in a large government redress scheme. Louise’s work experience and history more generally involves litigating commercial, equity and common law cases for both plaintiffs and defendants (and their insurers). She understands the entire dispute resolution and court process from both sides. Louise has significant experience in advocacy and with instructing counsel in all Federal and State courts (including appeal courts), at tribunals, in coronial inquests and in out-of-court negotiation and dispute resolution.


Ms. 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.


Ms. Marie-Clare Elder, Partner, Sparke Helmore Lawyers
Marie-Clare has extensive experience in health, medical negligence and personal injury litigation. She has practiced in Australia and the United Kingdom and is a former clinical nurse specialist in intensive care. Prior to entering private practice, Marie-Clare was the Senior Legal Counsel at MIGA where she was responsible for leading the eastern seaboard team. As General Counsel of a large hospital Trust in the United Kingdom, she was responsible for the delivery of legal services to 6000 staff and the hospital executive. In Australia, Marie-Clare represents individual practitioners and health entities, bringing a unique understanding and empathy, having previously practiced as a nurse. Marie-Clare has multiple board appointments and has lectured at the University of Oxford, UTS and The University of Sydney.


Ms. Antonia Quinlivan, Barrister, Greenway Chambers
Antonia Quinlivan was called to the NSW Bar in 2022 and practices from Greenway Chambers. Her main area of practise is medical negligence. Antonia also practises in general insurance and construction law. Prior to coming to the Bar, Antonia practised as a solicitor in health and medical law teams for both plaintiff and defendant firms. Antonia has experience in a number of areas of health law including professional indemnity, disciplinary proceedings and coronial inquests. In 2021, after leaving HWL Ebsworth’s Health Insurance Team, Antonia was Tipstaff to the Honourable Justice Julia Lonergan of the Supreme Court of NSW. Antonia also holds a Master of Health Law.


Mr. Kevin Connor SC, Barrister, Maurice Byers Chambers
Kevin Connor did medicine graduating in 1984 (MB BS Hons I). He also did neuroscience research in the laboratory of Professor Mark Rowe for which he was awarded a Bachelor of Medical Science. He practiced medicine in hospitals for three years - 1984, 1985 and 1986. Kevin completed the Barristers Admission Board Course in March 1986 (Dip Law). In 1987 and 1988 he was an Associate to Justice Mary Gaudron, who in February 1987 became the first woman to be appointed to the High Court of Australia. Kevin commenced practice at the New South Wales Bar in July 1989, first at 10 Selborne Chambers, and then from 1995 at Ten St James Hall Chambers, and from April 2000 at Maurice Byers Chambers on Level 60 of the MLC Building. He is interested in law generally, and continues to have an interest in neuroscience, particularly affective neuroscience. Kevin has been involved in cases in many different areas of the law, including tax, medical negligence, equity and trusts, commercial disputes, constitutional law, copyright, and professional disciplinary matters. In 2002 and 2003 Kevin was counsel assisting in the ICAC inquiry into the collapse of the New South Wales Grains Board. For a number of years in the 1990s Kevin lectured in the Admission Board Courses in the subjects of Torts, Equity and Trade Practices. Kevin was appointed Senior Counsel in 2007.

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Medical Negligence in 2024

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Single Session
Friday, 23 February 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Face to Face 20240504 20240223

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