Obstetric MalpracticeTM

Transcription

1 Forum on CLE CREDITS AVAILABLE Register by February 27, 2009 & SAVE $400 off the standard price Defending the Delivery Team: Obstetric MalpracticeTM Hear From Participating Organizations: Galloway, Lucchese, Everson & Pich Sutter, O Connell & Farchine Lessons Learned in the Defense of Perinatal Brain Injury Cases April 28-29, 2009 San Francisco, CA Special Thanks To Our Expert Advisory Board: David R. Lucchese Partner, Galloway, Lucchese, Everson & Bruce G. Fagel M.D., J.D., Bruce G. Fagel & Associates David J. O Keefe President, Managing Shareholder, Bonne Bridges Susan E. Loggans Susan E. Loggans & Associates P.C. J. Ric Gass Partner, Gass Weber Mullins LLC James S. Bostwick Bostwick, Peterson & Mitchell LLP Gair, Gair, Conason, Steigman & Mackauf Stanford University Medical School Bruce G. Fagel & Associates San Francisco General Hospital USCF Medical School and Medical Center Bonne Bridges Law Office of Marshall Silberberg Strengthen Your Medico-Legal Knowledge by Attending to: Find out how to successfully defend your obstetric malpractice case Hear about the latest medical developments in infant brain damage Understand how to apply the medical information to an effective legal defense Receive the latest information on expert evidence Learn how to meet the standard of care in defending these cases Discover proven strategies to improve outcomes and reduce obstetric claims Back by popular demand! Thanks to the popularity of our first event, we re back with more speakers and new workshops! Bostwick, Peterson & Mitchell Schuering Zimmerman Scully Tweedy & Doyle Susan E. Loggans & Associates P.C. Fonda & Fraser LLP Women s College Hospital, Toronto The Children s Hospital of Pennsylvania

2 Defending the Delivery Team: Obstetric MalpracticeTM Dear Colleague, If you are involved in obstetrics, this conference is worth its weight in gold. Why? A lot of obstetricians see only doom and gloom when they are sued for malpractice. Most hospital risk managers, nurses and midwives feel the same way. And so do the medical malpractice insurers. But it doesn t have to be this way. These cases can be successfully defended. And this conference can provide you with all the answers from highly experienced professionals. Who You will Meet: Defense Attorneys Plaintiff Attorneys There was such a good response to IQPC s East Coast program on Obstetric Malpractice that it is being held again in San Francisco on April 28-29, Obstetrics Doctors Nurses Defense lawyers, obstetricians, risk managers and insurers are flocking to the East Coast event. And plaintiff lawyers are coming too if only to find out about the latest tactics the defense is deploying to have verdicts returned successfully in favor of doctors and hospitals. We have put together a program that features some of the most prominent obstetric malpractice lawyers in the nation both plaintiff and defendant. They have an enormous amount of experience that can provide you with valuable lessons learned in the defense of the delivery team. And you will even learn defense tactics from the perspective of leading plaintiff attorneys! Risk Managers Hospital Insurers Shareholders And others How do they do it? The first day is devoted to medical issues involved in brain injury cases. You will learn what is and is not related to any fault on the part of the doctors. Some of the finest medical experts will explain the workings of the infant brain and how to avoid liability. The second day is focused on how these cases can be won for the defense, demonstrated by some of the finest malpractice lawyers in the nation. With so much money at stake for everyone involved in the delivery of a baby, professionals involved in obstetric cases need the most up-to-the-minute medico-legal information. We look forward to meeting you in San Francisco! Kindest regards, David R. Lucchese Partner, Galloway, Lucchese, Everson & Bruce G. Fagel M.D., J.D., Bruce G. Fagel & Associates Don t forget to check out the Infant Brain Injury workshop on page 5 Earn CLE Credits! IQPC will seek CLE accreditation in those states requested by registrants (post conference) which have continuing education requirements. This is subject to the rules, regulations and restrictions dictated by each individual state organization. Application for accreditation of this course or program in all CLE approved states is currently pending. For Financial Aid Policy information and to request CLE credits, please indicate so when calling to register: , or on the online registration form. 2

3 Main Conference Day 1 Tuesday, April 28, :30 Registration and Coffee 8:30 Co-Chairs Opening Remarks David R. Lucchese Galloway, Lucchese, Everson & Bruce G. Fagel, M.D. J.D. Bruce G. Fagel & Associates 8:45 The Key to the Perinatal Brain Injury Case: Understanding the Differences Between a Normal Infant Brain and an Injured Fetal and Neonata Brain Bruce G. Fagel, M.D., J.D., Bruce G. Fagel & Associates Dr. James Byrne, Chief of Obstetrics, Santa Clara Valley Medical Center, Associate Clinical Professor, Stanford School of Medicine No attorney, whether plaintiff or defendant, can properly represent a client in an obstetrical malpractice case without gaining a clear understanding of the differences between a normal infant brain and an injured one. In this mustattend presentation, a leading obstetrical specialist and one of California s most prominent plaintiff malpractice attorneys, who is also a physician, will discuss the development of the fetal and neonatal brain, exploring the physiological processes which cause maldevelopment and injury during the prenatal, intrapartum and neonatal periods. They will cover: How a normal infant brain develops in the initial three months What ultrasound and MRI results will reveal about the developing brain and what to look for in the fetal and neonatal brain scans How infection impacts the infant brain while it is a fetus How to distinguish different types of brain damage from the imaging results Hypoxic ischemic injury The appropriate diagnosis and treatment of infection, metabolic and blood disorders as potential causes of brain damage How to assess the cause and define the standard of care in neonatal infection and metabolic disorders of the infant brain Causes of brain injury - neonatal infection - metabolic disorders - fetal asphyxia - genetic disorders Exploring causes of brain injury not caused by the delivery team what are they and how do they arise? 10:30 Morning Networking Break 11:00 The Latest Tools and Science to Determine the Origin and Timing of Irreversible Brain Damage Joseph A. Farchione, Partner, Sutter, O Connell & Farchione Dr. Patrick D. Barnes, Chief, Pediatric Neuroradiology, Stanford School of Medicine Dr. Geoffrey A. Machin, MD, Ph.D, Pathologist Two of the best tools to determine the origin of irreversible brain damage something that every attorney requires are neuroimaging and placental pathology. Neuroimaging involves ultrasound, CT scan and MRI. One of America s leading neuroradiologists will explain how neuroimaging can be used to determine the timing and origin of the injury. As well, placental pathology is an important tool for the events that led to injuries sustained by the fetus. Find out from a leading American specialist how this unique tool can be used to ascertain when injuries sustained by the fetus occurred. This is an important session for understanding how to determine the origin of brain damage and is required learning for any physician and lawyer in the field. Understanding which work best: ultrasound, CT scans or MRIs? Markers of asphyxial brain damage Signs of traumatic brain injury Acute, profound v. prolonged patial asphyxia Dealing with the other causes of brain injury The role of placental pathology in determining the cause and timing of the events leading to brain injury The importance of examining the placenta Using the tools for success in a legal case 12:15 Networking Luncheon for Speakers and Delegates 1:30 The Critical Role of Cerebral Palsy in a Brain Injury Case Dr. Julian T. Parer, Professor, UCSF School Of Medicine Many babies with cerebral palsy have a congenital malformation of the brain, meaning that the malformation existed at birth and was not caused by the birthing process. And this is important information in the defence of the delivery team when a brain-damaged infant is born. New lessons from the research laboratory have come up with other causes of cerebral palsy and a thorough understanding of the problems is essential. In this in-depth presentation you will learn: What is cerebral palsy? Causes of cerebral palsy Neonatal infection and brain damage What every attorney needs to know about cerebral palsy and negligence and how to separate causation How cerebral palsy comes about from the birthing process How a diagnosis of cerebral palsy is made The different types of cerebral palsy How aggressive should the treatment for cerebral palsy be? Realistic goals for a child with cerebral palsy The criteria for implicating intrapartum care to cerebral palsy Understanding fetal heart rate evaluation, infection, trauma and prematurity in the development of CP 2:30 Afternoon Networking Break 3:00 Effectively Using the Medicine to Defend the Delivery Team in a Neonatal Brain Injury Case David R. Lucchese, Senior Partner, Galloway, Lucchese, Everson & David J. O Keefe, President, Managing Shareholder, Bonne Bridges Marshall Silberberg, Partner, Law Office of Marshall Silberberg Not every brain injury caused to an infant is birth-related. And that is why every medical issue must be analyzed objectively and critically. By thoroughly understanding the medical aspects of a case, defense lawyers can gain enormous information about the prenatal and perinatal causes of neurological dysfunction. The human brain is susceptible to a wide variety of genetic, developmental and acquired abnormalties that may have nothing to do with obstetric malpractice. In this dynamic presentation, hear of one America s finest defense counsel describe how he has had several spectacular results over the last two decades by properly utilizing medical evidence in a brain damaged infant case. He will reveal the secrets of his success, including: How to win a case by examining the brain first approach Using films of the brain and other diagnostic studies to determine the cause of injury How to use laboratory and other clinical time-markers to defend a case Deploying medical information about nucleated red blood cells to negate negligence How viral illnesses during pregnancy can be proven as a defense Effective causation defenses that can disprove liability and how to deal with them After Mr. Lucchese s presentation, he will join the outstanding panel of two prominent obstetric malpractice attorneys one plaintiff and one defense-- who will engage in a spirited and stimulating discussion of the issues faced by every obstetrician, physician, hospital or nurse in the country. This is a rare opportunity to see three of the nation s best lawyers in action. 5:00 Conference Adjourns 3

4 Main Conference Day 2 Wednesday, April 29, :00 Registration and Coffee 8:45 Opening Remarks from the Co-Chairs 9:00 The Absolute Key to an Effective Defense: Using the Right Expert for Damages and to Meet the Standard of Care for the Delivery Team James S. Bostwick, Bostwick, Peterson & Mitchell LLP Leo H. Schuering, Jr., Senior Partner, Schuering Zimmerman Scully Tweedy & Doyle Stephen H. Mackauf, Partner, Gair, Gair, Conason, Steigman & Mackauf There is nothing more important to the successful defense of a baby brain injury case than the assistance and testimony of the expert medical experts. While oral testimony from witnesses in a case must state facts and not opinions, the expert is allowed to state opinions and is therefore held to a different standard from other witnesses. But proper preparation means finding multiple expert witnesses in multiple different disciplines. In this presentation, moderated by one of the nation s top plaintiff malpractice lawyers, hear a California malpractice defense lawyer and a well-known New York plaintiff s lawyer discuss the key to an effective case: What specific types of experts to retain for evaluation of the issues of the standard of care Why specific experts must be used for the issues of causation The experts required on the issues of damages How to assess and discredit experts in the case Effectively using the ACOG standards in expert evidence Unethical expert witness testimony Assessing credibility of the opposition experts 10:30 Morning Networking Break 11:00 What All Defendants and their Insurers Must Know About Protecting the Delivery Team: The Perspective of Two Prominent Plaintiff Attorneys For the Plaintiff: Bruce G. Fagel, M.D., J.D., Bruce G. Fagel & Associates Susan E. Loggans, Susan E. Loggans & Associates P.C. Perhaps the most interesting perspective on protecting the delivery team can come from plaintiff lawyers themselves. In this remarkable presentation, hear two of America s finest obstetric malpractice plaintiff attorneys describe how they view the defense of brain-damaged infant cases. Using real-life examples, California attorney Bruce Fagel and Chicago lawyer Susan Loggans, a long-time veteran of many obstetric malpractice battles, will explore: Which cases the defense should try and which ones they should settle How the plaintiffs view the strengths and weaknesses in a defense case and how they deal with them The most common mistakes made by defendants and their insurers and how to avoid them Valuable lessons that insurers an learn on how to save money The plaintiff view of the strengths and weaknesses in the defense of a delivery team and what they can do better Plaintiff suggestions for curbing negligence on the part of obsteticians, nurses and hospitals The curves that a good defense team can throw up against plaintiff counsel and what to do about them Real-life examples of good and bad delivery team behavior 12:30 Networking Lunch Luncheon Speaker: J. Ric Gass Gass Weber Mullins LLC Handling Catastrophic Injury Cases Mr. Gass is an award winning speaker and acclaimed trial defense lawyer. He will talk about using the right words to tell the story of causation and damages in an obstetrical case involving a brain-damaged infant. He will demonstrate how to lay the groundwork for attacking damages and make a persuasive case before a jury on behalf of the defense. This is a compelling demonstration that cannot be missed! 2:00 Proven Strategies to Improve Outcomes and Reduce Obstetric Claims against the Delivery Team Michael A. O Flaherty, Of Counsel, Fonda & Fraser LLP Barbara J. Ballentine, R.N., Women s College Hospital David R. Lucchesse, Senior Partner, Galloway, Lucchese, Everson & Dr. Julian T. Parer, Professor, UCSF School Of Medicine Susan Penney, Director of Risk Management, UCSF Medical Center The defense of obstetrical cases especially those involving brain damaged infants--can be devastating, so it is essential that every delivery team prepare and minimize its risk. In this session, moderated by a prominent Los Angeles defense lawyer, a leading obstetrical malpractice defense lawyer, a well-known defense counsel, a risk manager at a leading U.S hospital, a veteran nurse and a highly experienced obstetrician, attendees will hear recommendations for innovative strategies to pre-empt litigation. This session will give you valuable insights into: Avoiding litigation before it begins What successful hospitals have done to prevent obstetric claims How strategic decisions in the early stages can have dramatic consequences Effective decision-making The value of cross-functional teams How to set up an internal risk management systems to avoid litigation When to use drills as a preventative measure Allocating responsibilities on the delivery team Which risk management systems are most effective and which are not? Using internal investigations and audits to mitigate obstetrical malpractice Identify risks in documenting adverse outcome discussions with patients Charting and documentation procedures - what should be charted and who should do it? - establishing a common system of charting for the entire perinatal team - how to deal with unexplained gaps in charting - avoiding the pitfalls in both charting and fetal monitoring - appropriate guidelines for late entries Which risk management systems are most effective and which are not? Addressing and resolving differences of opinion Medical diagnosis v. nursing diagnosis Afternoon networking break from 3:15-3:45 4:30 Conference Concludes 4

5 Dinner Workshop Tuesday, April 28, :30 p.m. 8:00 p.m. How to Effectively Handle an Infant Brain Injury Case: Plaintiff and Defense Lessons from the Finest It is difficult to litigate an infant brain injury case. It requires the utmost skill and knowledge in all areas of personal injury law. Nothing, however, is more important than an understanding of the medicine itself and knowing what to do with it. Since not every brain injury case is the result of negligence on the part of the delivery team, any attorney who handles such a case must become an expert in obstetrics and gynecology. And, in cases where the damages can now exceed $100 million, you can never have enough knowledge. In this workshop, led by two of the nation s leading medical malpractice lawyers you will learn how to conduct an infant brain injury case from start to finish. How you will benefit: Learn how to conduct an infant brain injury case from the very beginning to the finish Find out how to mesh the medicine with the legal aspects Discover which experts can help and hurt your case Understand what to look for in pretrial depositions Find out how to frame your case Understand exactly what is required to ascertain liability, causation and damage issues Discover exactly what defenses work and which do not and how to successfully deploy them What we will cover: How to ascertain liability before the case starts How to deal with the medical information effectively Effective tactics for defeating the plaintiff s claims The experts that should be used and the ones that should not How to conduct pre-trail depositions and what questions to ask Effective strategies for litigation When to take the case to trial and effective techniques once you get there David R. Lucchese, Senior Partner, Galloway, Lucchese, Everson &, Walnut Creek, CA Kathleen L. Nastri, Partner, Koskoff Koskoff & Bieder, P.C. Here s what people are saying about IQPC conferences: Very good approach and level of detail. Great use of actual examples and case studies Informative, great opportunity to expand your knowledge and seek guidance from your business partners Registration Information Sponsorship and Exhibition Opportunities Sponsorships and Exhibits are excellent opportunities for your company to showcase its products and services to high-level, targeted decision makers attending the conference. Legal IQ and the International Quality & Productivity Center (IQPC) help companies like yours achieve sales, marketing and branding objectives by setting aside a limited number of event sponsorships and exhibit spaces all of which are custom-tailored to help your company create a platform to maximize its exposure at the event. Visit us on the Web and see what other exciting and information-packed conferences are being offered by the International Quality and Productivity Center! To find out more about upcoming Legal IQ events, contact Mario Matulich At (866) or via at [email protected]. Pricing Register and Pay Register and Pay Register and Pay By Feb 27 By March 27 After March 27 Conference Only (save $400) (save $200) $1,999 $2,199 $2,399 Conference + 1 (save $400) (save $200) Workshop $2,548 $2,748 $2,948 Workshop Only $549 $549 $549 * All prices include lunches, refreshment and detailed conference materials. Contact us at for special dietary requirements. * Discount cannot be combined TEAM DISCOUNTS Contact Customer Service at for the following discounts: TEAM: Only one discount may be applied per registrant. NON-PROFIT, GOVERNMENT, ACADEMIA: Call for more information. PAYMENT INFORMATION: Details for making payment via EFT or wire transfer: A $99 processing charge will be assessed to all registrations not accompanied by credit card payment at the time of registration MAKE CHECKS PAYABLE IN U.S. DOLLARS TO: IQPC Details for making payment via EFT or wire transfer: JPMorgan Chase Penton Learning Systems LLC dba IQPC: , ABA/Routing #: Reference: Please include the name of the attendee(s) and the event number: Payment Policy: Payment is due in full at the time of registration. Your registration will not be confirmed until payment is received and may be subject to cancellation. For IQPC s Cancellation, Postponement and Substitution Policy, please visit Special Dietary Needs: If you have a dietary restriction, please contact Customer Service at to discuss your specific needs IQPC. All Rights Reserved. The format, design, content and arrangement of this brochure constitute a trademark of IQPC. Unauthorized reproduction will be actionable under the Lanham Act and common law principles. 5

6 YES! Please register me for Conference + Dinner Workshop Conference Only REGISTRATION CARD Defending the Delivery Team: Obstetric MalpracticeTM Dinner Workshop Only International Quality & Productivity Center 535 5th Avenue, 8th Floor New York, NY See Page 5 for pricing details. Your customer registration code is: When registering, please provide the code above. Name Job Title Organization Approving Manager Address City State Zip Phone Fax Please keep me informed via about this and other related events. Check enclosed for $ (Payable to IQPC) Charge my Amex Visa Mastercard Diners Club Card # Exp. Date / Details for making payment via EFT or wire transfer can be found on preceding page. I cannot attend, but please keep me informed of all future events /D/KV 5 EASY WAYS TO REGISTER: Web: Call: or [email protected] Fax: Mail: IQPC 535 5th Avenue, 8th Floor, New York, NY Forum on CLE CREDITS AVAILABLE Register by February 27, 2009 & SAVE $400 off the standard price Defending the Delivery Team: Obstetric MalpracticeTM Lessons Learned in the Defense of Perinatal Brain Injury Cases April 28-29, 2009 San Francisco, CA Hear From: Galloway, Lucchese, Everson & Pich Sutter, O Connell & Farchine Gair, Gair, Conason, Steigman & Mackauf Stanford University Medical School Bruce G. Fagel & Associates San Francisco General Hospital USCF Medical School and Medical Center Bonne Bridges Law Office of Marshall Silberberg Bostwick, Peterson & Mitchell Schuering Zimmerman Scully Tweedy & Doyle Susan E. Loggans & Associates P.C. Fonda & Fraser LLP Women s College Hospital, Toronto The Children s Hospital of Pennsylvania