Medico-Legal Conference 2021 - Conference Guide

MEDICO LEGAL C O N F E R E N C E 2 02 1 24TH JUNE 2021 OFFICIAL CONFERENCE GUIDE

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CONTENTS 5 AGENDA 6 SPEAKERS 11 SUPPORTERS

WELCOME TO MEDICO-LEGAL CONFERENCE 2021

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Welcome to the third Medico-Legal Conference organised by SpecialistInfo and Iconic Media Solutions!

We were hopeful that this year’s conference would be “live” but due to the current Covid-19 restrictions being extended it wasn’t possible. That said our programme remains in tact and we hope you enjoy the day as a virtual delegate.

SpecialistInfo: t: +44 (0)1423 562 003 e: info@specialistinfo.com

We would like to thank all of our expert speakers, exhibitors and sponsors for all their help and support in making the conference a success and to all our delegates for their understanding during these unprecedented times.

This year’s conference programme features some of the UK’s leading industry experts and we are honoured to confirm our keynote presentation will be given by Mr Justice Pepperall, High Court Judge, Ministry of Justice.

We would like to take the opportunity to wish you an informative and productive day and we hope to see you at future conferences.

Kind regards, Nicola Guy - Conference Manager & The Conference Team

Iconic Media Solutions Ltd: t: +44 (0)20 3693 1944 e: info@iconicmediasolutions.co.uk

Published by Iconic Media Solutions Ltd. Whilst every care has been taken in compiling this publication, and the statements contained herein are believed to be correct, the organisers and publishers do not accept any liability or responsibility for inaccuracies or omissions. Reproduction of any part of this publication is strictly forbidden.

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Programme 24th June 2021

Conference Login from 9am Welcome and introductions from the Master of Ceremonies Professor Dominic Regan, City Law School, London. Head of Know-How, Frenkel Topping. Legal Speaker, Writer and Broadcaster. Wine Critic, ‘Counsel’ Magazine.

The Opportunity for Change Simon Hammond, Director of Claims Management, NHS Resolution

Vicarious Liability for Wrongdoing Professor Dominic Regan, City Law School, London. Head of Know-How, Frenkel Topping. Legal Speaker, Writer and Broadcaster. Wine Critic, ‘Counsel’ Magazine.

Refreshment Break Inquests and Legal Costs Andrew McAulay, Costs Lawyer and Partner, Clarion

The Latest on the Law of Consent to Medical Treatment Alexander Hutton QC, Barrister, Hailsham Chambers

Navigating the Storm; Hazards and Safe Harbours following a Critical Incident Clare Stapleton, Medicolegal Consultant, Medical Protection Society

Lunch Break Keynote Address: A Judicial Perspective on Expert Evidence Mr Justice Pepperall, High Court Judge, Ministry of Justice

Covid in the Medical Negligence Context; What Next?

Lionel Stride, Barrister, Temple Garden Chambers

The End of Whiplash - The New Legal Framework Jeff Zindani, Solicitor and Founder, Acquira Professional Services

Assessing the Risk of Osteoarthritis after Trauma Mr Nick Savva, Consultant Orthopaedic Surgeon, Dorset County Hospital NHS Foundation Trust and TaylorSavva Medico-legal

Treatment Options for Post-Traumatic Osteoarthritis Mr Heath Taylor, Consultant Orthopaedic Surgeon, University Hospitals Dorset NHS Foundation Trust and TaylorSavva Medico-legal

Refreshment Break All new Top Tips for Experts – 2021 Warren Collins, Partner and Solicitor-Advocate, Penningtons Manches Cooper

Expectations of an Expert Flora McCabe, Head of Healthcare Claims, Solicitor, Lockton LLP and Angus Piper, Barrister, 1 Chancery Lane

How does Medical Malpractice Affect You Dr Edwin Rajadurai, Managing Director, Servca

Live Q&A Closing Comments and Close Professor Dominic Regan, City Law School, London. Head of Know-How, Frenkel Topping. Legal Speaker, Writer and Broadcaster. Wine Critic, ‘Counsel’ Magazine.

OFFICIAL CONFERENCE GUIDE 2021

Programme may be subject to change

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Speakers MR JUSTICE PEPPERALL, KEYNOTE SPEAKER Sir Edward Pepperall was called to the Bar in 1989, appointed a recorder in 2009, Queen’s Counsel in 2013, a Deputy High Court Judge in 2016 (Queen’s Bench & Chancery) and a Justice of the Court of Appeal of the Falklands Islands, South Georgia and the South Sandwich Islands in 2017. He was appointed a High Court Judge in 2018 and sits in the Queen’s Bench Division. He is a judge of the Technology & Construction Court and a Presiding Judge of the Midland Circuit. Sir Edward practised from St Philips Chambers in Birmingham and London, where he was a Deputy Head of Chambers, Chairman of the Commercial Group and Chairman of the Midland Chancery & Commercial Bar Association. He was a barrister member of the Civil Procedure Rule Committee for six years and was the chief architect of the 2015 reforms to Part 36. He is an editor of the White Book and a Bencher of Lincoln’s Inn.

PROFESSOR DOMINIC REGAN, MASTER OF CEREMONIES Prof Dominic Regan is visiting Professor at City Law School, London, and head of Know-How at forensic accountants, Frenkel Topping. He worked with Sir Rupert Jackson on aspects of Civil Procedure Reform from 2011 until the Lord Justice retired in 2017. He has advised Government on costs in Employment Tribunal cases and the House of Commons on legal aspects of non-disclosure agreements. Each year he delivers litigation training to thousands of lawyers and other professionals who engage with civil claims. ‘The Times‘ legal commentator recently described him as a “Costs guru”. He is also wine critic for ‘Counsel’ magazine with Sean Jones QC.

SIMON HAMMOND Simon Hammond joined the NHS Resolution senior management team on 7 January 2019 as the Director of Claims Management. Simon has a wide variety of experience in handling claims having worked for over 25 years in the insurance industry. After initially working for insurance companies he moved to work for a law firm as a lawyer while studying for his law degree part time. Since then he has held head of fraud roles at national law firms, before joining his previous employer, BLM, in 2009.

He was promoted to associate solicitor in 2010 and to partner in 2011. Simon has experience of handling all aspects of claims, from policy interpretation, indemnity issues, financial ombudsman submissions, litigation and prosecution matters. He sat on the Personal Injury Sub Working Group of the Treasury’s Insurance Fraud Task Force, and has also presented at national conferences and edited a chapter of a leading insurance text book.

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Speakers ANDREW MCAULAY Andrew is the Head of the Costs and Litigation Funding team at Clarion and has successfully grown it to be a nationally recognised service. The team are one of only two firms across the UK to have been ranked by Chambers UK as a Band 1 firm for legal costs services. Andrew enjoys advising on high value and complex costs litigation matters, with his specialist areas being commercial litigation, personal injury, medical negligence and solicitor/own client costs disputes. Andrew also has extensive experience and knowledge of litigation funding, with a real specialism in conditional fee agreements. Andrew is a qualified costs lawyer and a mediator. He is a member of the Association of Costs Lawyers (ACL). Andrew is the former Head of the Management Board of the Association of Costs Lawyers Training (ACLT) Limited. He is a board member of the Costs Lawyer Standards Board (CLSB), which is the regulator for Costs Lawyers in the UK.

ALEXANDER HUTTON QC Alexander’s practice is focused in two fields: clinical negligence, for claimants and defendants, and all aspects of costs law. In both these fields, Alexander is recommended in the highest band of leading silks in the directories and acts in connection with a range of clinical negligence cases, with special focus on those of the most serious nature and highest value. Alexander is instructed in cases involving all aspects of medicine and medical law, with particular emphasis on maximum value injury cases and those which involve complex medical and legal issues. He has always had a mixed practice of claimant and defendant work in both clinical negligence and costs.

CLARE STAPLETON Clare Stapleton is a Medicolegal Consultant at the London Office of Medical Protection.

Before joining MPS she was a Consultant in Anaesthesia and Intensive Care at Wexham Park Hospital, Frimley Health for 16 years. She was the patient safety lead clinician and also led the mortality review process and set up the Medical Examiner service at Frimley Health. At Medical Protection she assists members by providing medicolegal advice and supports and advises doctors who are involved in Serious Incidents, inquests, disciplinary and regulatory investigations.

MR MAURICE HAWTHORNE Maurice Hawthorne is a Consultant Otolaryngologist. He developed an interest in medico-legal work after his appointment in 1988 and has provided expert opinion on over 8000 cases. Whilst most of his work has been in clinical negligence and personal injury, he also has provided opinion in the Family Division on controversial issues of treatment and to the Medical Practitioners Tribunal Service on cases involving clinicians’ performance. He has undertaken a review of health services in Malaysia for the Malaysian Government and the World Bank and has chaired a Department of Health review in adult heart transplantation. His interests include cooking and his vineyard.

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Speakers LIONEL STRIDE Lionel has a High Court and multi-track practice specialising in personal injury, clinical negligence and health & safety with complementary expertise in aviation and product liability (particularly in the context of prosthetic and medical/surgical equipment failures, as well as aviation and light aircraft accidents). Lionel covers the full spectrum of clinical negligence work and regularly represents both claimants and the NHS/private practices at Court, JSMs and Mediations.

JEFF ZINDANI Jeff Zindani, LLB, MA, has over 25 years’ experience in the law and has been an equity partner at Russel Jones and Walker, now Slater & Gordon. He advises both city type practices and personal injury law firms on the challenges facing their businesses now and in the future. He has built up an impressive client list of law firms and law related companies including insurers. He also regularly gives talks on changes taking place in the personal injury sector and co-edited with Professor Dom Regan, Surviving Jackson, 2013, which looked at the seismic changes in this sector that took place almost 10 years ago.

MR NICHOLAS SAVVA Mr Savva qualified from St Bartholomew’s Hospital Medical School in 1994. His postgraduate surgical training was carried out in Wessex on the Orthopaedic and Trauma Specialist Registrar training programme. He underwent specialist training in complex foot and ankle surgery with Terry Saxby in Brisbane, Australia. His practice is made up mostly of the management of foot and ankle conditions. This includes dealing with complex trauma of the foot and ankle. Mr Savva is Clinical Director of the Orthopaedic Department at Dorset County Hospital. Mr Savva has written medicolegal reports since 2003. His practice continues to be general covering all aspects of trauma but in recent years it has become more focussed on foot and ankle injuries.

He undertakes both clinical and medico-legal work in London and Dorset.

MR HEATH TAYLOR Heath Taylor is a Consultant Orthopaedic Foot & Ankle Surgeon and current President of the British Orthopaedic Foot & Ankle Society. His practice is almost exclusively related to conditions of the foot and ankle, including the management of complex trauma of the foot and ankle, as well as treating high level and professional athletes.

Heath has 20 years experience in providing expert opinions for medico-legal cases, dealing with both personal injury and clinical negligence cases. He has lectured at numerous local, national and international meetings and has researched and published widely on many conditions of the foot and ankle.

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Speakers WARREN COLLINS Warren Collins is a Partner at the London office of multinational law firm Penningtons Manches Cooper. He has specialised in catastrophic personal injury work on behalf of Claimants in the UK and globally for 30 years. He is widely published and has won numerous awards including Catastrophic Injury Lawyer of the Year. He is a Fellow of APIL and accredited by APIL as a specialist in Spinal Cord Injury and Brain Injury cases. He is the current Chief Assessor for the Law Society Personal Injury Accreditation Scheme. Warren is a member of the Board of Governors of the American Association for Justice where he is also vice-chair of the International Practice Section and Co-Chair of the Spinal Cord Injury Litigation Group. He is the only UK Solicitor member of the Top 100 National Trial Lawyers (USA), and Melvin Belli Society (pre-eminent personal injury lawyers of America) and National Crime Victim Bar Association (USA). Warren is a regular speaker and trainer for both lawyers and medico-legal clinicians and experts.

FLORA MCCABE Flora is a thirteen year qualified solicitor. She read History at Corpus Christi College, Cambridge University and went on to study the Postgraduate Diploma in Law, followed by the Legal Practice Course. She trained and qualified as a lawyer at global firm Eversheds Sutherland and worked there for a further 2 years after qualifying. She then moved to Mills and Reeve where she developed a real passion for healthcare work - all on the defence side - ranging from defending individual consultants to large health corporates and Trusts. She joined Lockton two years ago in her role as Head of Healthcare Claims where she can now play an active part in our clients’ risk management strategies by: reviewing their policies and procedures; offering training on topics such as consent, record keeping and learning from mistakes; nipping complaints in the bud; offering strategic advice and assistance to clients’ in-house legal teams; reviewing and analysing claims - both in terms of liability and quantum; keeping the pressure on insurers and lawyers to do the right thing for our clients as fast as possible. She does a lot of work with clients’ governance teams, training them on their notification obligations, as well as triaging calls and notifications to ensure they are telling insurers when required. She also offers lots of hand holding and support to individuals who require representation at disciplinary or regulatory hearings and drafts GMC and GDC as well as Ombudsman responses.

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Speakers ANGUS PIPER Angus specialises in Clinical Negligence and high value personal injury claims, principally instructed on behalf of Defendants. He has more than 20 years experience in the Clinical Negligence field, and 30 years in personal injury. He acts for NHS Trusts nationwide and on behalf of the MDU, the DDU, and other insurance organisations. He is a Senior Junior who frequently acts against Silks and is used to dealing with claims worth £millions. As well as being a fearless advocate, Angus has a wealth of tactical acumen and is used to settling claims on the best possible terms for his clients at Mediations and RTSMs. He has been ranked for many years in the Legal 500 as a leading junior.

DR EDWIN RAJADURAI Dr. Edwin Rajadurai is the Managing Director of Servca. Servca is an independent international specialist Lloyd’s Broker specialising in professional, financial, and medical indemnity insurance and risk management. Having qualified as a medical doctor in 2011, Edwin can apply his clinical knowledge to offer a medical perspective when dealing with underwriters, clients, and stakeholders alike.

Edwin expanded the international healthcare liability division, which encompasses Medical Malpractice, Life Sciences & Pharmaceuticals risks throughout the UK, Europe, USA, and Canada. His priority is to provide bespoke advice and support to brokers and their doctor clients on medical malpractice and ensure doctors receive the best policy tailored to them. Servca’s specialist wordings and unique in-house medical knowledge offer comprehensive support to all clients with an educational and personal touch. His commitment, enthusiasm, and innovative approach in assisting medical practitioners and underwriters give him kudos in the London and Lloyd’s market.

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Supporters CARTER BROWN

w: www.carterbrownexperts.co.uk We are the UK’s leading independent provider of psychologists, psychiatrists, social workers and paediatricians.

Whether you’re a legal professional, local authority or organisation; we can offer expert witness assessments, social work assessments and training services.

Our experienced referrals team will offer you a choice of experts, along with costs and timescales. We can do this on the same day, and in as little as 30 minutes if you’re in a hurry.

Our experts are at the heart of the company, our reputation relies on their excellence. We have over 400 experts who have been subjected to a rigorous recruitment process.

DIGBY BROWN SOLICITORS w: www.digbybrown.co.uk

Digby Brown Solicitors is the only Scottish firm top-ranked by both Chambers & Partners and the Legal 500 for its expertise in personal injury litigation for pursuers, last year recovering more than £105m in damages for clients resulting in a five-star Trustpilot rating for service. Digby Brown specialises in every area of personal injury: clinical negligence; road traffic and workplace incidents; accidents abroad; motorcycle or cycling accidents; criminal injuries; and industrial disease. Judges of the 2019 Scottish Legal Awards awarded Digby Brown the Law Firm of the Year award and the Corporate Social Responsibility award for its charitable efforts.

DMR COLLATION LTD w: www.dmrcollation.co.uk

DMR Collation Ltd is a highly commended Medico-Legal provider offering reliable, professional and cost-effective legal support to Personal Injury, Clinical Negligence and Abuse Claims lawyers in the collation and analysis of medical records. Established in 2010 by Caroline Packer, a former Personal Injury lawyer with over 15 years’ experience within the legal industry, we offer a range of bespoke services including the preparation of detailed or summary medical record chronologies, schedules of radiology, redaction of records, digital booklets and memos containing the timeline of events, relevant points of note, potential questions for medical experts and identification of any missing records.

EIDO HEALTHCARE

w: www.eidohealthcare.com A “game changer!” – the description of our new digital consent to treatment tools from the CDIO of a major London NHS Trust. With over 700 hospitals already using our informed consent to treatment content library, our new digital tools are set to change the consent landscape – the patient experience will improve significantly through ‘early learning’ about the procedure at home and no unnecessary time in hospital, informed consent will be more rigorous, more robust and more defensible with frequency of consent related claims and litigation payouts set to decrease. For more information – www.eidohealthcare.com; info@ eidohealthcare.com; 0115 8781000.

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Supporters EXPERT WITNESS

w: www.expertwitness.co.uk Expert Witness is the leading independent providers of experts and their services in the UK. Established in 1996 we aim to promote our experts in a simple and convenient way via our website, directory and telephone search line. Our Expert Witness website has a simple to use search facility that provides easy access to experts within given disciplines.We further assist solicitors in finding the right expert witness by running a telephone Search line service. We also publish the Expert Witness Journal; a quarterly publication that highlights cases, specific area of expertise, law amendments and expert witness news.

JANE JAMES AND ASSOCIATES LTD w: www.janejamesandassociates.co.uk

Jane James and Associates has been providing an expert witness service for over 35 years. We receive instructions consistently from both claimant and defendant legal representatives. We produce quantum reports in the areas of care, occupational therapy, neuro physiotherapy, loss of services, and vocational rehabilitation, we also provide other specialist reports. We are also instructed to provide liability reports in a wide range of disciplines, including general nursing, mental health nursing, practice nursing, accident and emergency nursing, manual handling, tissue viability, and care provision for both nursing and residential care homes. Contact us on 01249 456360 or info@jjaltd.co.uk. You can read our experts’ profiles at janejamesandassociates.co.uk and you can find us on LinkedIn and Twitter.

LOCKTON

w: www.lockton.com Lockton LLP specialise in protecting the interests and livelihood of clinicians, hospitals and clinics by securing competitive, extensive indemnity solutions, including expert witness insurance. We have developed a unique centre of excellence around assisting our clients with risk management and handling patient complaints efficiently and effectively. This extends to lessons learnt case studies and workshops, fully outsourced services, training on and reviewing / collaborating on SI investigations and reports, witness support for those embroiled in inquests, auditing of third party lawyer fees and strategy where required, direct access to Barristers, analysis of trends in the claims you face - helping you to identify hotspots of concern - and a range of other services that sets us apart in the complaints handling and governance field.

REDWOOD COLLECTIONS LTD w: www.redwoodcollections.com

Redwood Collections is the leading debt recovery agency for Expert Witnesses in the UK. We offer a complete portfolio of services ranging from sensitive client-debtor mediation through to legal and insolvency action. Based in Croydon, Surrey we occupy a prestigious Grade II-listed building, reflecting our ethos of a traditional service, presented in a modern manner.

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