Medical Law in Queensland 2020 Medical Law in Queensland 2020

Event Details

Barry.Nilsson.

Level 21, 215 Adelaide Street, Brisbane

29 January - 3 July 2020

Register Now

Medical Law in Queensland 2020

Medical Negligence, Health Care Complaints, Privacy and Inquests.

Kicking off in January 2020, registrations are now open for BN’s Medical Law in Queensland course.

The Medical Law in Queensland course will be delivered via six modules over six months by Robert Samut (Principal and head of BN’s national health law practice) and a range of industry experts. Covering all aspects of medical law in Queensland, this course is essential to anyone wanting to fine tune their legal knowledge and develop practical skills to apply in the workplace, and to understand the legal ins-and-outs of delivering healthcare in Queensland.

For those who don't want to undertake the whole course, there is the option to tailor your learning experience and choose the modules that suit you. 

Please contact the Barry.Nilsson. events team via rsvp@bnlaw.com.au if have any queries about this course.

WHAT'S INCLUDED?

  • Practical focus, allowing you to put into practice everything you have learnt and “built” in the course
  • Guest lecturers with medical, legal and hospital administration focus
  • Build your own claims management guide
  • Covers all recent changes to the law as well as a solid grounding in the basic principles affecting the liability of hospitals and doctors and damages in medical negligence claims
  • CPI accreditation via ANZIIF (4 points per module or 24 points for the completed course)
  • A report for the employer is provided for all participants whose employers would like an analysis of that person’s performance during the course and in the application of the course material to their area of work/practice.

WHO SHOULD ATTEND?

  • Those working in the area of medical negligence claims
  • Those working in the area of regulation and complaints made against medical professionals
  • Hospitals and other medical administration professionals
  • Insurance and medical defence organisation professionals (claims and underwriting)
  • In-house legal.

COSTS

  • Full course (6 x modules): $2,250 per person (incl. GST)
  • Individual module: $550 per person (incl. GST)

DATES & TIMES

Module Workshop Tutorial Online Skills Test
1 29 January 2020 6 February 2020 6 March 2020
(Modules 1 & 2)
2 26 February 2020 5 March 2020
3 25 March 2020 2 April 2020 8 May 2020
(Modules 3 & 4)
4 24 April 2020 7 May 2020
5 3 June 2020 11 June 2020 3 July 2020
(Modules 5 & 6)
6 24 June 2020 2 July 2020
  • Workshops will run from 9am to 1pm
  • Tutorials will run 10am to 11am

LOCATION

Workshops and tutorials will be held at Barry.Nilsson. Brisbane office located at Level 21, 215 Adelaide Street, Brisbane.

COURSE OUTLINE

Module 1

Introduction to medical negligence claims and health care complaints

  • The difference between medical negligence claims and other professional negligence claims.
  • Defending medical negligence claims – general principles and strategies.
  • Registered and unregistered health practitioners in Queensland.
  • Co-regulation of health practitioners by OHO and AHPRA.
  • Handling complaints made against health practitioners.
  • Private hospital liability vs Liability of visiting medical officers.
  • Ethics in medicine.

The law and how it applies to personal injury claims in Queensland

  • A claim for damages.
  • Causes of action: Negligence (tort law), Contract, Statute (Consumer Law).
  • The Civil Liability Act 2003.
  • Consent to treatment.
  • Obstetric Negligence.
  • Duty to disclose errors.
  • Recent cases.
Module 2

Insurance for medical negligence and health complaints

  • Medical indemnity insurance for individuals.
  • Liability insurance for entities.
  • The insuring clause.
  • The operation of policy exclusions and conditions.
  • Impact of the Insurance Contracts Act 1984.

Choosing and retaining experts

  • Identifying the right type of expert.
  • Identifying the right person.
  • Briefing the expert.
  • Disclosure of expert evidence.
  • Are communications with your expert protected?
  • Joint reporting.
Module 3

Assessment of damages

  • General damages (pain and suffering)
  • Special damages (out of pocket expenses)
  • Economic loss
  • Care (gratuitous and paid).
  • Jurisdiction of the Magistrates / District / Supreme Courts.
  • Nervous shock claims
  • Dependency claims
  • Litigating in North Queensland.
  • Costs and outlays.
  • Plaintiff’s duty to mitigate their loss.
  • Recent cases.
Module 4

Pre litigation procedures (the Personal Injuries Proceedings Act 2002 [PIPA])

  • Section 9A PIPA – commencing a medical negligence claim.
  • Disclosure obligations under PIPA.
  • The Section 20 liability response.
  • Preparing for a compulsory conference.
  • Taking a tactical approach to PIPA claims.
  • Mandatory final offers.
  • Commencing litigation.
  • Offers between respondents.
  • Protecting limitation periods.

Open disclosure

  • The Australian Open Disclosure Framework.
  • Accreditation and open disclosure.
  • Open disclosure and the conduct of legal proceedings.
  • Root cause analysis (RCA’s).
Module 5

The handling of information

  • The do’s and dont’s of disclosure under PIPA.
  • Do disclosure obligations change when litigation commences?
  • Requesting disclosure from persons not involved in the claim.
  • Balancing obligations to protect personal information under privacy legislation and disclosure obligations in medical negligence claims.
  • Be careful what you create.

Limitation periods

  • Limitation periods in injury claims.
  • Limitation periods for children and persons under a legal incapacity.
  • “Extending” limitation periods.
  • Recent cases.

End of life

  • Euthanasia and assisted dying.
  • Recent change to the laws in Queensland.
  • Ceasing life sustaining medical treatment.
Module 6

Health practitioners regulation and health complaints

  • OHO and AHPRA.
  • The registration process.
  • “Professional misconduct” and “Unprofessional conduct”.
  • Responding to health complaints.

Coroners Court

  • What matters are investigated by the Coroner?
  • What is the procedure?
  • What matters go to inquest?
  • Preparing for inquest.
  • Recommendations made by the Coroner.

Resolving civil disputes

  • The art of negotiation.
  • Making meaningful offers.
  • Documenting a settlement.