CPD Programs

Your Essential 2019 Case Update 

The very essence of medico-legal practice is that something has or at least has appeared, to have gone wrong. Either a patient is making a negligence claim, or a medical professional is aggrieved by a decision made against them. Given the subtle nuances that can impact a claim succeeding or failing, all practitioners working in this complex area need to be on top of the latest cases.

This session will cover the latest medico-legal cases up to September 2019 including:

• Medical negligence claims against surgeons / GP’s;
• Medical negligence claims against Psychiatrists and Psychologists;
• Medical negligence claims against Dentists;
• Appeal decisions by medical professionals and the ‘irrational’ exception to Competent Professional Practice.

Legislative Updates and Developments 2019 

In light of numerous recent developments in the medico-legal legislative space, the risks of overlooking the impact of a change are greater than ever.

This session will provide an in-depth overview of the latest developments, including:

• Health Practitioner Regulation National Law and Other Legislation Amendment Bill 2018 (relating to Mandatory Reporting Thresholds for doctors);
• Voluntary Assisted Dying Act 2017 (coming into effect 19 June 2019);
• Medical Treatment Planning and Decisions Act 2016 (commenced 12 March 2018);
• Health Legislation Amendment (Improved Medicare Compliance and Other Measures) Bill 2018.

New laws can bring new risks for you and your clients and this is a session not to be missed.

Expert Witnesses and Evidence in Court – Have you Done your homework? 

Preparation and Briefing

It is critical when obtaining medico-legal evidence from a medical practitioner, for their evidence to be consistent. Prior to your client meeting your expert, whether it be a surgeon or otherwise, you should ensure that you have briefed your expert with every relevant document/s they require to undertake a full and proper examination, which then can produce a full and frank assessment. 

If your witness is not provided with a full brief of evidence including medical records, employment history and witness statements, your expert report may be advantageous in the short term but falter if further documents come to light which contradicts claims made by your client.

Along with a case update, this session will provide an in-depth guide to best practice and steps to follow when preparing to contact and brief an expert for a new client.

Due Diligence and Inconsistencies

What are the risks in failing to adequately research the suitability and previous evidence of an expert witness, particularly in regard to any previous inconsistent statements or evidence presented by that expert witness in other cases.

This session will address these issues and will also cover:

• Grounds for appeal if you subsequently find the expert has given contradictory statements in cases either before or after your client’s matter has been heard; and
• What resources are available to assist in checking an expert’s expertise and their previous evidence.

Ethics, AI, Privacy and Implications – Where To From Here?  

A set of eight Ethical Principles have been drafted and released by the Royal Australian and New Zealand College of Radiologists (the RANZCR principles) which is aimed at guiding ethical standards surrounding AI technology in medicine into the future, as well as complementing today’s current medical tools and systems.

This session will discuss the current state of the medico-legal profession, including privacy, technology, AI, the RANZCR principles and ethical issues likely to be faced as we move into an uncertain future.

Legal Professional Privilege and Patient Confidentiality – What Must Be Disclosed? 

The concepts of ‘patient confidentiality’ and ‘legal professional privilege’ can be complex and time consuming for medical practitioners and their legal advisors. When receiving a subpoena, an order to produce documents or a summons to appear as a witness, there are numerous issues to consider including multiple and sometimes inconsistent jurisdictional requirements, objections to requests, providing sealed and unsealed documents and importantly, identifying and claiming legal professional privilege.

The recent case of Medical Board of Australia v Kemp [2018] VSCA 168, found and perhaps set a precedent that patients medical records are not protected by statutory privilege in disciplinary hearings.

This session will provide guidance on the issue’s practitioners must be alert to when, where and how they can claim privilege on a proper basis.

The Scope of Medical-Legal Counsel – What Does Your Client Demand of you in 2019? 

In February 2019, a story was broadcast on ‘7:30’ on the ABC about a young doctor, Dr. Yumiko Kadota, who was walking away from the medical profession as she was ‘physically and emotionally broken’ from her placement at a Sydney hospital. This followed her blog called “The Ugly Side of Becoming a Surgeon”.

Would you know what to advise a hospital, surgeon or other medical professional in charge of supervision in such circumstances? 

The health industry is becoming more complex and operates within a more competitive, technological and litigious market. If an organisation, or individual within the industry makes a mistake which is then picked up and carried by social media, reputational damage can be devastating.

In addition to legal knowledge and skills, medical-legal counsel are increasingly expected to be proficient in a wide range of areas including negotiation, mediation, dispute resolution and Crisis Management. Having a strong relationship with your client is crucial to being able to understand, manage and deliver the clients expectations.

This session will provide guidance on the current and evolving role of the medical-legal counsel in 2019, so that you can manage your client’s expectations and deliver at the highest level.

Non-Delegable Duties in the Medical Profession 

The vulnerability of patients in institutions and hospitals has been in the spotlight in recent times. As the country faces an ageing population, the issue of proper care by medical professionals and perhaps more importantly, staff, within organisations, will continue to remain a hot topic.

This session will focus on the issue of non-delegable duties in the medical profession including:

• When the duty arises;
• When an organisation is liable for negligence of a staff member;
• Independent contractors;
• Exceptions to the rule.

Don’t miss this hot topic!

Presented by: Abhi Mukherjee, Barrister, Victorian Bar