Medical Negligence Under the Microscope in 2024

Unlock the latest in medical negligence knowledge as you cover some unique issues that arise in contemporary practice including quantification of damages for prosthetics, alternative bases for making a claim for medical injury as well as exploring what you should know about Coroners Court Proceedings. Plus, review the year’s more significant cases.

Thursday, 14 March 2024

Jane Fiske, Partner, Lander & Rogers

10.00am to 11.00am Case Study: Coroners Court Proceedings in Victoria - When Death Occurs in a Healthcare Setting


  • Investigation timeline
  • Inquest
  • Related proceedings
  • Trends

Presented by Fiona Karmouche, Senior Associate, Lander & Rogers

11.15am to 12.15pm Case Law Update

Analyse a selection of recent decisions that can assist you keep up to date with changes in medical negligence law and practice.

Presented by Amy Johnstone, Barrister, Green’s List

12.15pm to 1.15pm Alternatives Bases for Making a Claim for Medical Injury


  • Medical injuries and the Australian consumer law
  • Intentional torts in a medical context

Presented by Samuel Pearce, Principal Lawyer, Maurice Blackburn and Peter Hamilton, Barrister, Green’s List, Leading Insurance & Personal Injury Law Junior Counsel, Doyles Guide 2023


"Interesting content; engaging & knowledgeable"
"All presenters were excellent.  Thank you"


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

9.00am to 10.00am 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   

11.00am to 11.15am Morning Tea


Mr. Samuel Pearce, Principal Lawyer, Maurice Blackburn
Samuel Pearce is a Principal Lawyer of Maurice Blackburn’s medical negligence department in Victoria. He is a Law Institute of Victoria Accredited Specialist in Personal Injury Law and has been listed in the Doyle’s Guide as a Rising Star in Personal Injury Law. Samuel joined the firm in 2008 and has practised exclusively in medical negligence litigation since 2012. Samuel has achieved significant results for individuals who has suffered injuries as a result of poor health care, treatment and/or advice. He has also represented the families of patients who have died following poor medical treatment in coronial investigations and Inquest hearings. Samuel sees clients in the Melbourne, Reservoir, Greensborough and Craigieburn offices. Samuel has also assisted clients in a cases pursued through Maurice Blackburn’s social justice department, including an action brought by Traditional Owners of land in the Northern Territory in relation to a proposal to build a national radioactive waste facility on land known as Muckaty Station. Outside of Maurice Blackburn, Samuel is the President of the charity, BottledSnail Productions Inc: a volunteer-run, not-for-profit company which supports creative arts projects for Victoria’s legal community with the aim of promoting a healthy work-life balance.

Ms. Amy Johnstone, Barrister, Green’s 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.

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.

Mr. Peter Hamilton, Barrister, Green’s List
Peter Hamilton practises across all areas of personal injury, medical negligence, and tort and insurance law. Peter enjoys court work, strategic thinking, negotiations and drafting pleadings and advices. Since coming to the bar, Peter has appeared in several trials, led and unled. He also has a busy paperwork practice. His previous roles include Senior Associate at Wotton and Kearne, Associate at Norton Rose (now Norton Rose Fulbright), Solicitor at DLA Phillips Fox (now DLA Piper); and worked in London at insurance firm Berrymans Lace Mawer (now BLM). Peter started his career in a Sydney firm acting for plaintiffs in personal injury claims. In 2013, Peter graduated from the Master of Laws programme at Monash University, completing one of his subjects at Humboldt University, Berlin. Peter also studied advanced tort law, medical and health law, evidence law, freedom of information law and advocacy. As a solicitor, Peter handled matters in all courts in Victoria and interstate, instructing in several trials in the Supreme and County Courts, including Hudspeth v Scholastic Cleaning (2014).

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.


Medical Negligence Under the Microscope in 2024


Single Session
Thursday, 14 March 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
Online 20240625 20240314


On Demand 20240625 20240314

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