OBSTETRIC MALPRACTICE CLAIMS

Transcription

1 American Conference Institute s 14th Annual Advanced Forum on OBSTETRIC MALPRACTICE CLAIMS June 23 24, 2015 The Union League Philadelphia, PA Distinguished Co-Chairs: Joseph S. Picchi Galloway, Lucchese, Everson & Picchi Norman D. Tucker Sommers Schwartz Hear from and network with: Richard P. Kidwell UPMC Richard T. Henderson Transatlantic Reinsurance Robert Shavelle, PhD, FAACPDM Life Expectancy Project John S. Moore CNA James L. McGarity R&D Strategic Solutions Gain key strategies and updates from top in-house counsel, outside counsel, claim specialists, risk managers and medical experts on: Genetic and Epigenetic Disorders: Emerging Trends and Strategies Neonatal Encephalopathy and Neurologic Outcomes: The ACOG Reports Resolving the Tension Between Nurses, Midwives and Obstetricians The Anatomy of an Obstetric Malpractice Case: An Examination of Every Stage and Trial Techniques Neonatal Brain Injury: Assessing the Standard of Care and Determining the Timing and Causation of an Injury New Trends in Hypothermia Treatment for Newborns Suffering from Acute Hypoxic Encephalopathy The Affordable Care Act Subsidies: Addressing/Defining/Defending Damages and Life Care Plans Neonatal Brachial Plexus Palsy Cases Catastrophic Verdicts, Reinsurance and The Patient Safety Movement The Reptile Theory: Implementing Effective Litigation Strategies Between Client and Counsel to Counter Reptilian Tactics Featuring unparalleled medical insights from: Earn CLE Credits David C. Zielinski MedPro Group Michael D. Anderson Medical Insurance Exchange of California Richard A. Farlow BerkleyMed Thomas F. Halpin, MD University of Massachusetts Medical School Michael G. Ross, MD, MPH Harbor-UCLA Medical Center Harry F. Farb, MD Obstetrician and Maternal Fetal Medicine Specialist Michele J. Grimm, Ph.D. Wayne State University David A. Clark, MD Albany Medical College Max Wiznitzer, MD CWRU School of Medicine Jennifer L. Green AIG Claims, Inc. Property Casualty Brian S. Kern Gallagher Bollinger Courtney Koch BH Specialty Insurance Robert H. Allen, PhD, PE Johns Hopkins University The Honorable Ruben Castillo U.S. Dist. Ct., N.D. Ill. and others Obtain insight as to the perspectives from the Bench. Hear from: The Honorable Victor J. DiNubile, Jr. Philadelphia Ct. C.P. Kenneth Appleby ProMac Specialty Insurance The Honorable Lorenzo F. Garcia U.S. Dist. Ct., D.N.M. The Honorable Robert B. Collings U.S. Dist. Ct., D. Mass. Register Now AmericanConference.com/ObMal 1 Register Now AmericanConference.com/ObMal

2 Be a part of the nation s premier obstetric malpractice conference and ensure that you keep abreast of the evolving standards of care, emerging theories of liability, and new plaintiff and defense strategies. Obstetric malpractice cases continue to result in massive verdicts, reaching amounts in excess of $100 million. Claims are evolving in response to advances in medical technology, which can increase the potential for errors in the delivery room. Further, new standards of care are emerging and with these new standards come new malpractice claims. Given the state of obstetric malpractice, it is essential that all those along the obstetric malpractice continuum, including medical professionals, risk managers, insurance professionals, plaintiffs attorneys, and defense counsel, be current on the latest claims and defense strategies and how they are impacting the practice. American Conference Institute s 14 th Annual Advanced Forum on Obstetric Malpractice Claims will bring together an unparalleled faculty of medical experts, risk managers, insurance professionals, and leading plaintiffs and defense attorneys, who will provide you with the most up-to-date information on complex medical issues and litigation hurdles, including: Genetic and Epigenetic Disorders: Emerging Trends and Strategies Neonatal Encephalopathy and Neurologic Outcomes: The ACOG Reports The Tension Between Nurses, Midwives and Obstetricians The Anatomy of an Obstetric Malpractice Case: An Examination of Every Stage and Trial Techniques Neonatal Brain Injury: Assessing the Standard of Care and Determining the Timing and Causation of an Injury New Trends in Hypothermia Treatment for Newborns Suffering from Acute Hypoxic Encephalopathy The Affordable Care Act Subsidies: Addressing, Defining, Defending Damages and Life Care Plans Neonatal Brachial Plexus Palsy Cases Register now by calling or by faxing your registration form to You can also register online at WHO SHOULD ATTEND Lawyers, both plaintiff and defense, who litigate medical malpractice cases attend in order to get a solid grounding on the latest medical issues upon which cases are based. Our faculty of medical and legal experts from around the nation will provide you with the information and strategies that are essential to achieve the best outcomes for your clients Doctors, nurses and hospital risk/quality assurance managers attend in order to benchmark their current practices and procedures and develop a deeper understanding of the current state of obstetric malpractice litigation Insurance professionals attend in order to obtain valuable insights and strategies for assessing professional negligence claims and to better understand litigation strategies and hospital risk management techniques 2 Join the Conversation ACI: / #ACIObstetricMal

3 Day One: Tuesday, June 23, :15 Registration and Continental Breakfast 8:00 Co-Chairs Opening Remarks Joseph S. Picchi Galloway, Lucchese, Everson & Picchi Norman D. Tucker Of Counsel Sommers Schwartz 8:05 In-House Claims and Risk Management Professionals Speak Out on Obstetric Malpractice Financial & Legal Decisions, Evaluation and Settlement of Cases, Insurance Coverage, and More Richard P. Kidwell Senior Associate Counsel/Vice President of Risk Management UPMC Robert Shavelle, PhD, FAACPDM Technical Director Life Expectancy Project David C. Zielinski MedPro Group Michael D. Anderson Senior Claims Representative Medical Insurance Exchange of California Jennifer L. Green Senior Claims Analyst Healthcare Malpractice Claims Department AIG Claims, Inc. Property Casualty Brian S. Kern Area Executive Vice President Gallagher Bollinger Courtney Koch Complex Claims Examiner Berkshire Hathaway Specialty Insurance Kenneth Appleby Director Healthcare Insurance Services ProMac Specialty Insurance Moderator: Joseph S. Picchi Galloway, Lucchese, Everson & Picchi 9:50 Networking and Refreshment Break 10:00 Genetic and Epigenetic Disorders: Emerging Trends and Strategies David A. Clark, MD Chair, Dept. of Pediatrics Albany Medical College Victoria L. Vance Chair of HealthCare Practice Group Tucker Ellis LLP Andrew S. Kaufman Kaufman Borgeest & Ryan LLP Assessing new and emerging research regarding genetics and the impact of epigenetic factors on development ACOG and AAP recommended screening and testing for appropriate patients Specific conditions with genetic and epigenetic contributions diabetes, ADHD, autism, asthma, motor difficulties (cerebral palsy) 11:40 Neonatal Encephalopathy and Neurologic Outcomes: The ACOG Reports Thomas F. Halpin, MD Professor of Obstetrics and Gynecology University of Massachusetts Medical School Max Wiznitzer, MD Pediatric Neurology CWRU School of Medicine The impact of the reports that presented the findings and recommendations of a task force of obstetricians and gynecologists who represented key areas of expertise. Learn key takeaways and how you should be adapting your practice. 1:00 Networking Luncheon for Speakers and Delegates 2:00 Resolving Tension Between Nurses, Midwives and Obstetricians Eric J. Stockman Principal Neubert, Pepe & Monteith, P.C. Angelo A. Ziotas Silver Golub & Teitell LLP Kristi McClure Clinical Educator, Perinatal Services Mount Carmel West Hospital The relationship between nurses and obstetricians A review of recent cases involving cerebral palsy, developmental delays and other conditions A discussion about the sustainability of unmonitored independent birthing centers and whether or not midwives should be delivering outside of hospitals Managing malpractice risks along continuum of care Register Now AmericanConference.com/ObMal 3

4 Day One: Tuesday, June 23, :00 Preparing and Presenting Your Witnesses Joseph S. Picchi Galloway, Lucchese, Everson & Picchi Roger E. Harris Swift, Currie, McGhee & Hiers, LLP John A. Scully Cooper & Scully, P.C. Norman D. Tucker Of Counsel Sommers Schwartz Ensuring that the witness is adequately prepared for deposition Anticipating where a deposition is heading Key considerations for video depositions Pitfalls to avoid How minor physical and verbal cues can have a major effect on the impact of a deposition Watching videotaped depositions to improve your ability to conduct or participate in a deposition What to look for Incorporating the lessons learned into future deposition 4:05 Afternoon Break 4:15 The Reptile Theory: Implementing Effective Litigation Strategies Between Client and Counsel to Counter Reptilian Tactics Richard A. Farlow Assistant Vice President BerkleyMed John E. Hall, Jr., Esq. Hall Booth Smith, P.C. Tammy L. Wade Ruff, Freud, Breems & Nelson, Ltd. James L. McGarity Specialized Professional Competence R&D Strategic Solutions Jury Selection Applying the lessons learned from jury focus groups to your jury selection process Making sure of the critical insights provided by jury consultants to obtain a more favorable jury Using Demonstrative Evidence and Themes Conveying your message and effectively explaining complex theories to jurors Using aids to explain data, provide accurate representations, and debunk opposing theories Using a clear and concise presentation which conveys credibility while staying within legal limits Narrating a Comprehensive Story Using themes to explain the details to the jury Simplifying the critical issues to the jury Demystifying complicated technical issues Persuasively detailing what is a reasonable risk The Reptile Theory: How to Counteract the Inherent Instinct to Punish Your Client Overcoming sympathy for injured plaintiffs Overcoming juror bias against doctors - intolerance of virtually any risk of harm - the assumption that given advancements in medical technology, any death or serious injury means that there must have been some form of obstetric malpractice - explaining hard evidence in a way that lay people can internalize - minimizing juror anxiety about injuries to baby and mother 5:25 Electronic Medical Records, Patient Portals and Audit Trails: The Benefits and Dangers of a Paperless System Kirsten Ullman Lewis Brisbois Bisgaard & Smith LLP The increased malpractice risks associated with Health Information Exchanges Overcoming the challenges of implementing an electronic platform Providing assurance of the integrity of the electronic record and the associated raw data How to train users and the risks involved Form v. narrative notes The use of electronic medical records in documenting labor and delivery and how that impacts the defensibility and expert opinion of the case Cloning records and the retroactive manipulation of electronic records Implementing enhanced documentation tools to capture relevant information in the electronic record 6:10 Conference Adjourns 4 Join the Conversation ACI: / #ACIObstetricMal

5 Day Two: Wednesday, June 24, :30 Continental Breakfast 8:00 View From the Bench: Renowned Federal and State Judges Will Tell You What Works and What Doesn t in Their Courtrooms, Why Parties Succeed and Don t Succeed in Med Mal Cases, Novel Trial and Case Management Strategies, Examples of Bad Lawyering and More Hon. Ruben Castillo U.S. Dist. Ct., N.D. Ill. Hon. Lorenzo F. Garcia U.S. Dist. Ct., D.N.M. Hon. Victor J. DiNubile, Jr. Philadelphia Ct. C.P. Hon. Robert B. Collings U.S. Dist. Ct., D. Mass. Moderator: Norman D. Tucker Of Counsel Sommers Schwartz 9:25 Morning Break 9:35 The Anatomy of an Obstetric Malpractice Case: An Examination of Every Stage and Trial Techniques Eric J. Frisch Carlock, Copeland & Stair LLP Lisa S. Dagostino Kline & Specter Timothy L. Barnes Porzio, Bromberg & Newman, P.C Mark J. Brice Of Counsel Decof, Decof & Barry, P.C. Investigating the facts concerning liability, causation, and damages: what is relevant? Ensuring that your client is prepared for trial Trial briefs and motions in limine Overcoming the challenges of representing the institutional client Giving an effective opening statement Effective use of exhibits Final arguments and closing statements Making the case for or against damages 10:40 Neonatal Brain Injury: Assessing the Standard of Care and Determining the Timing and Causation of an Injury Michael G. Ross, MD, MPH Chairman, Dept. of Ob/Gyn Harbor-UCLA Medical Center Bruce G. Habian Martin Clearwater & Bell LLP Neuroimaging and radiology Pediatric Neurology : determining when the injury occurred The impact of intrauterine infections and genetic disorders on the placenta and fetus Assessing the role of cytokines in the development of longterm neurological defects Ascertaining if cytokines were created by HIE injury or infection Detecting signs or symptoms of infection prior to delivery Infection as a causal element of cerebral palsy 11:40 New Trends in Hypothermia Treatment for Newborns Suffering from Acute Hypoxic Encephalopathy Joseph A. Farchione Wheeler Trigg O Donnell LLP Jim Puga Leventhal & Puga, P.C. Update of hospital hypothermia protocols, clinical trial guidelines, and their use as evidence in HIE claims Update on hypothermia clinical trials for HIE, use for neonatal injury other than HIE, and the use and results of hypothermia for adult cardiac arrest in birth injury cases Effect of hypothermia use on NEACP definition of HIE and proofs of negligence and proximate cause Treatment s results on motor and/or intellectual function and its effect on claims filed and damages evaluations Has hypothermia created a new standard of care for treating newborns with HIE 12:30 Networking Luncheon for Speakers and Attendees 1:25 The Affordable Care Act Subsidies: Addressing, Defining, Defending Damages and Life Care Plans Brant E. Poling Poling Law Richard J. Montes Mauro Lilling Naparty LLP Register Now AmericanConference.com/ObMal 5

6 Day Two: Wednesday, June 24, 2015 Ralph F. Valitutti Principal Kitch, Drutchas, Wagner, Valitutti & Sherbrook, P.C. Case studies and the future of the collateral source rule Mitigation of Damages Burden of proof and the affirmative defense Expert testimony Billed rates and negotiated rates Life expectancy The surge of applicants entering an already stressed system as a result of Obamacare 2:20 Catastrophic Verdicts, Reinsurance and The Patient Safety Movement Richard T. Henderson Vice President Transatlantic Reinsurance John S. Moore Director Specialty Strategic Claims CNA Maggie M. Finklestein Shareholder Stevens & Lee Reasons for the ever increasing amounts of obstetric malpractice verdicts Malpractice reinsurance pools The Patient Safety Movement: Born out of the fear induced by monster verdicts, physicians are more likely to offer the cesarean section option, even in the absence of any actual medical purpose Defensive medicine and the decision to offer the cesarean section 3:20 Neonatal Brachial Plexus Palsy Cases Michele J. Grimm, Ph.D. Associate Professor, Biomedical Engineering Wayne State University Robert H. Allen, PhD, PE Undergraduate Program Director Department of Biomedical Engineering Department of Gynecology and Obstetrics Johns Hopkins University William F. Cunningham Cunningham Meyer & Vedrine, P.C. Brachial plexus: injury with and without shoulder dystocia Fundal pressure, expulsive forces and clinician applied forces Failure to detect macrosomia Understanding the key risk factors for shoulder dystocia, how they should be managed, and the delivery note The Expulsion Defense and it s impact on juror s perception of defense credibility & verdicts Daubert Davis Frye Motions: the trial before the trial in these cases 4:40 Category Two Fetal Monitoring Strips: Safeguarding Against Incorrect Readings and Responses Harry F. Farb, MD Obstetrician and Maternal Fetal Medicine Specialist Luke M. Pittoni Senior Heidell, Pittoni, Murhpy & Bach, LLP An update on fetal strip categorization Ensuring accurate readings and interpretations of fetal strips Assessing emerging technologies that can assist with evaluations and interpretations of fetal heart rate patterns Common claims of negligence involving Fetal Monitoring Strips Degree of sophistication of training of OB nurses regarding fetal monitoring and the disputes between doctors and nurses when a strip is misread Potential liability resulting from a lack of FM scrutiny by a physician Avoiding the pitfalls of overreliance on fetal heart rate algorithms 5:45 Conference Ends American Conference Institute, 2015 Continuing Legal Education Credits CLE Credits Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as non-transitional for the purposes of CLE accreditation. ACI certifies that the activity has been approved for CLE credit by the New York State Continuing Legal Education Board ACI certifies that this activity has been approved for CLE credit by the State Bar of California. ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request. 6 Join the Conversation ACI: / #ACIObstetricMal

7 Global Sponsorship Opportunities With more than 300 conferences in the United States, Europe, Asia Pacific, and Latin America, American Conference Institute (ACI) provides a diverse portfolio devoted to providing business intelligence to senior decision makers who need to respond to challenges spanning various industries in the US and around the world. As a member of our sponsorship faculty, your organization will be deemed as a partner. We will work closely with your organization to create the perfect business development solution catered exclusively to the needs of your practice group, business line or corporation. For more information about this program or our global portfolio of events, please contact: Wendy Tyler Director of Sales, American Conference Institute Tel: x5242 [email protected] ABOUT THE VENUE The Union League, which occupies an entire city block in the center of Philadelphia s commercial and cultural district, is a shining jewel of history in a city defined by such treasure. Founded in 1862 as a patriotic society to support the policies of President Abraham Lincoln, The Union League has hosted U.S. presidents, heads of state, industrialists, entertainers and visiting dignitaries from around the globe. The classic French Renaissancestyled League House, with its brick and brownstone façade and dramatic twin circular staircases leading to the main entrance, is listed in the National Historic Register, and dates back to 1865, when the Broad Street building was completed. Adorning the walls and hallways is the League s distinguished art collection, artifacts imbued with the heritage and culture of its membership. The collection is a rich, historical chronicle of Philadelphia s unique imprint upon the American landscape from the nineteenth century to today. American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the Union League directly at and mention the ACI Obstetric Malpractice conference to receive this rate. Is your organization recruiting specialists with expertise in this area? Many of our speakers and delegates use our conferences to recruit for new, expert talent to fill open positions at their firms. Because ACI provides many niche conferences annually, our events are a great way to discover a rich pool of highly qualified talent. Announcing the ACI Job Board Visit and navigate to the ACI Expert Jobs link. It s quick, easy and free for you, your in-house recruiters, or anyone in your firm to post current open positions and take advantage of our exclusive community of experts. The newly posted jobs will appear on the relevant sections of and our partner sites, ensuring that your free job listing is visible to a large number of targeted individuals. American Conference Institute: The leading networking and information resource for counsel and senior executives. Each year more than 15,000 in-house counsel, attorneys in private practice and other senior executives participate in ACI events and the numbers keep growing. Guaranteed Value Based on Comprehensive Research ACI s highly trained team of attorney-producers are dedicated, full-time, to developing the content and scope of our conferences based on comprehensive research with you and others facing similar challenges. We speak your language, ensuring that our programs provide strategic, cutting edge guidance on practical issues. Unparalleled Learning and Networking ACI understands that gaining perspectives from and building relationships with your fellow delegates during the breaks can be just as valuable as the structured conference sessions. ACI strives to make both the formal and informal aspects of your conference as productive as possible. Register Now AmericanConference.com/ObMal 7

8 MAIL American Conference Institute 45 West 25th Street, 11th Floor New York, NY PRIORITY SERVICE CODE 739L15.S. American Conference Institute s 14th Annual Advanced Forum on OBSTETRIC MALPRACTICE CLAIMS June 23 24, 2015 The Union League Philadelphia, PA 5 Easy Ways to Register PHONE FAX REGISTRATION FORM ONLINE CustomerService@ AmericanConference.com Payment Policy Payment must be received in full by the conference date. All discounts will be applied to the Conference Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to individuals employed by the same organization. ATTENTION MAILROOM: If undeliverable to addressee, please forward to: Chief of Obstetrics, Litigation Manager, Medical Malpractice Lawyer CONFERENCE CODE: 739L15-PHI YES! Please register the following delegate for 14th Annual Advanced Forum on OBSTETRIC MALPRACTICE CLAIMS CONTACT DETAILS NAME APPROVING MANAGER ORGANIZATION ADDRESS JOB TITLE CITY STATE ZIP CODE TELEPHONE FAX TYPE OF BUSINESS I would like to receive CLE accreditation for the following states:. See CLE details inside. FEE PER DELEGATE Advance Pricing On or Before April 24, 2015 Standard Pricing After April 24, 2015 Conference $2095 $2295 I cannot attend but would like information on accessing the ACI publication library and archive Cancellation and Refund Policy You must notify us by at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not share a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify American Conference Institute (ACI) in writing up to 10 days prior to the conference date and a credit voucher valid for 1 year will be issued to you for the full amount paid, redeemable against any other ACI conference. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the conference date. ACI reserves the right to cancel any conference it deems necessary and will not be responsible for airfare hotel or other costs incurred by registrants. No liability is assumed by ACI for changes in program date content speakers or venue. Hotel Information American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the hotel directly and mention the ACI Obstetric Malpractice conference to receive this rate. Venue: The Union League of Philadelphia Address: 140 South Broad Street, Philadelphia, PA Reservations: Registration Fee The fee includes the conference all program materials continental breakfasts lunches and refreshments. Incorrect Mailing Information If you would like us to change any of your details please fax the label on this brochure to our Database Administrator at , or [email protected]. ACI reserves the right to deny admission to anyone, at any time, for any reason. Missed A Conference Order The Conference Materials Now! If you missed the chance to attend an ACI event, you can still benefit from the conference presentation materials. To order the Conference Materials, please call or visit: GROUP PRICING 1-2 No Discount % Discount % Discount PAYMENT Please charge my VISA MasterCard AMEX Discover Card Please invoice me NUMBER EXP. DATE CARDHOLDER I have enclosed my check for $ made payable to American Conference Institute (T.I.N ) ACH Payment ($USD) Please quote the name of the attendee(s) and the event code 739L15 as a reference. For US registrants: Bank Name: HSBC USA Address: 800 6th Avenue, New York, NY Account Name: American Conference Institute UPIC Routing and Transit Number: UPIC Account Number: Non-US residents please contact Customer Service for Wire Payment information 7 20% Discount More than 7 Call Special Discount We offer special pricing for groups and government employees. Please or call for details. Promotional discounts may not be combined. ACI offers financial scholarships for government employees, judges, law students, nonprofit entities and others. For more information, please or call customer service.