Medico-Legal Conference Show Guide

MEDICO LEGAL C O N F E R E N C E 2 02 0 21ST OCTOBER 2020 OFFICIAL CONFERENCE GUIDE

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21ST OCTOBER 2020

CONTENTS 4 AGENDA 5 SPEAKERS 10 SUPPORTERS

WELCOME TO MEDICO-LEGAL CONFERENCE 2020 Welcome to the second Medico-Legal Conference organised

by SpecialistInfo and Iconic Media Solutions and our first Virtual Conference! During these unprecedented times we soon came to realise that a “live” conference was not going to be possible and would like to thank all our expert speakers for all their help and support in making the conference a virtual success and to all our delegates for their understanding during these difficult times.

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The conference features some of the UK’s leading industry experts and we are honoured to confirm our keynote presentation will be given by Helen Vernon, Chief Executive of NHS Resolution. The conference offers all delegates the opportunity to hear presentations and discussions about the latest developments in the industry.

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

Iconic Media Solutions Ltd: Kind regards, Nicola Guy - Conference Manager & The Conference Team

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 21st October 2020 9:55 - Welcome and Introductions from the Master of Ceremonies Professor Dominic Regan, City Law School, London, Special adviser to Medical Decisions Ltd and Affiniti Finance, Legal speaker, writer and broadcaster, Solicitor, Dominic Regan Training Ltd

10:00 - Keynote Address Helen Vernon, Chief Executive of NHS Resolution

10:20 - Mediating Clinical Negligence in the NHS Andrea Barnes, Accredited Mediator and Barrister, Normanton Chambers and Trust Mediation

10:40 - Stopping Litigation going to trial Professor Dominic Regan, City Law School, London, Special adviser to Medical Decisions Ltd and Affiniti Finance, Legal speaker, writer and broadcaster, Solicitor, Dominic Regan Training Ltd

11:00 - Break 11:15 - Reflection & Remediation: A Weapon to be Used Against Doctors Stephen Hooper, Associate, Hempsons and Shannett Thompson, Senior Associate, Kingsley Napley

11:35 - Consent for Operative Obstetrics Mr Mark Waterstone, Consultant in Obstetrics & Gynaecology, Dartford & Gravesham NHS Trust, TW Medico-Legal Experts Dr David Levy, Consultant Anaesthetist, Nottingham University Hospitals NHS Trust Dr Gary Hartnoll, Consultant Neonatologist, Dr Gary Hartnoll Ltd

12:20 - Lunch Break 13:20 - Top Tips for Medical Experts in Thirty Minutes Warren Collins, Partner and Solicitor-Advocate, Penningtons Manches Cooper

13:50 - A Lawyer’s Wish List for Their Medico-Legal Experts Flora McCabe, Head of Healthcare Claims, Solicitor, Lockton LLP and Angus Piper, Barrister, 1 Chancery Lane

14:20 - Break 15:00 - Controversies about Consent - Are We Under Attack Mr Amar Alwitry, Consultant in Ophthalmology, Leicestershire Partnership NHS Trust

15:30 - Scottish Case Update - some Recent Decisions Ruth Kelliher, Partner, Digby Brown

15:50 - Life and Death Treatment of Children – Who Decides?

Katie Gollop QC, Serjeant’s Inn

16:20 - AI and Robotics in Healthcare: the Legal and Regulatory Landscape Peter Rudd-Clarke, Legal Director, Reynolds Porter Chamberlain (RPC) and Emma Kislingbury, Associate, Reynolds Porter Chamberlain (RPC)

16:50 - Closing Comments 17:00 - Close

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Programme may be subject to change

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Speakers HELEN VERNON, KEYNOTE SPEAKER After graduating in Law from Cambridge, Helen started her career in insurance and then moved to the Medical Defence Union (MDU) before joining NHS Resolution in 1998, becoming its Director of Claims in 2013 and Chief Executive in 2014. She has since led a shift in the organisation’s strategy to increase its role post-incident, particularly in obstetric harm which represents 70% of the £78 billion provision for NHS Resolution’s main indemnity scheme, the Clinical Negligence Scheme for Trusts (CNST). Helen is a Chartered Insurer and Accredited Mediator and has been an advocate of the organisation’s role in encouraging candour in the NHS and in promoting alternative dispute resolution for healthcare concerns.

PROFESSOR DOMINIC REGAN, MASTER OF CEREMONIES Dominic Regan is a visiting Professor at City Law School London. He delivers Litigation training updates to several of the leading Medical Defence bodies as well as to Lawyers throughout the UK. He recently advised the House of Commons Select Committee about the legal costs consequences of non-disclosure agreements and is honorary special advisor to the Association of Costs Lawyers. He has advised Sir Rupert Jackson upon aspects of litigation reform over the last decade. As a sideline he is wine critic for ‘Counsel ‘ magazine.

ANDREA BARNES Andrea is an internationally accredited mediator and Head of Chambers at Normanton Chambers with Jonathan Dingle. She has over 20 years experience in Clinical Negligence, Personal Injury, Coroner’s Inquests and Costs. Andrea is also a Director and NHSR panel member at Trust Mediation. Andrea is a passionate advocate for alternative dispute resolution and teaches mediation and conflict management worldwide including Costa Rica, British Virgin Islands, India, South Africa, Malaga and Ireland.

STEPHEN HOOPER Stephen’s work covers a range of disciplines, with a particular focus on defending healthcare professionals involved in regulatory and disciplinary proceedings and inquests around the UK. With over 15 years’ experience in the field, he is ranked in both Chambers & Partners and the Legal 500 for Professional Discipline.

Stephen defends clients facing a wide range of criminal allegations, ranging from sexual assault to fraud, gross negligence manslaughter and perverting the course of justice. Throughout his career, Stephen has also maintained a broad practice in defending clinical negligence claims arising from a wide range of issues, from cancer misdiagnosis to catastrophic spinal injuries.

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Speakers SHANNETT THOMPSON Shannett has a mixed regulatory practice. She commenced her career in the NHS. Much of her practice involves acting on behalf of regulatory bodies in relation to fitness to practise concerns, but she also advises individuals in relation to their regulatory responsibilities. She assists care home in respect of matters involving the Care Quality Commission, and individuals in relation to niche regulatory issues involving their businesses. She has built up a wealth of knowledge in dealing with matters that touch on various aspects of the law including crime, which has led to her building up experience in private prosecutions. Shannett is also an experienced advocate, having appeared before varying Tribunals throughout her career.

MR MARK WATERSTONE Mark has been providing medico-legal advice in obstetrics and gynaecology since 2004 and has given verbal evidence in all types of courts, including Royal Courts of Justice, Old Bailey, Family Courts and Coroners’ Court as well as internationally with instructions from Ireland, Scotland, Hong Kong and Australia. Mark’s areas of special interest include CTG monitoring, all aspects of labour ward management and highrisk obstetrics, maternal medicine, consent in O&G, perinatal mental health including learning difficulties and complications arising from minimal access surgery (ectopic and hysterectomy).

DR DAVID LEVY David Levy graduated in medicine from the University of Edinburgh in 1986 and trained in anaesthesia in Aberdeen, Sheffield and Nottingham. Appointed consultant anaesthetist at Nottingham University Hospitals NHS Trust in 1995, David enjoys a broad clinical anaesthetic practice with subspeciality expertise in obstetric anaesthesia, neuroanaesthesia, anaesthesia for trauma/orthopaedic surgery, and pre-operative assessment. David is an enthusiastic teacher of postgraduate trainees in anaesthesia & obstetrics, medical students and midwives. David is a Subject Matter Adviser with the Healthcare Safety Investigation Branch (HSIB), providing clinical anaesthesia expertise in support of the Maternity investigation programme. David graduated with distinction from Nottingham Trent University (LLM, Health Law) in 2016 and has a busy medicolegal practice advising claimant & defendant solicitors and coroners.

DR GARY HARTNOLL Dr Gary Hartnoll was a Consultant Neonatologist from 1999 until his retirement at the end of December 2019, working in tertiary level neonatal units covering both medical and surgical conditions. His clinical practice covered all areas of neonatal medicine, including the medical care of babies with surgical problems and premature infants.

Gary has been building up a medico-legal practice over the last 7 years and since his retirement he has more time to spend on this fascinating new career.

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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 twelve 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.

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 nearly 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.

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Speakers MR AMAR ALWITRY Consultant Ophthalmologist with Masters in Medical Law. Published more than 35 pieces in world literature and author of three text books. Also published two works of fiction. He is medicolegal editor of Eye News and is writing book entitled Complaints, Litigation and Clinical Errors for Healthcare Professionals to be published by Taylor and Francis next year. He undertakes a lot of clinical negligence mainly defending NHS Trust in litigation.

RUTH KELLIHER Ruth joined Digby Brown in 2007 and became a Partner within the clinical negligence team in 2017. She has particular expertise in pursuing cases involving bile duct injury as well as missed fractures and birth injury cases. Ruth is accredited as a specialist in clinical negligence by the Law Society of Scotland, a member of APIL and is also a notary public. Legal 500 describes Ruth as “always well prepared, having thought through the implications of every case very carefully” with Chambers 2019 recognising her as “up and coming” within Clinical Negligence.

KATIE GOLLOP QC Katie took silk in 2016 and has a broadly based healthcare law practice. She is a highly experienced clinical negligence trial advocate, sought after by claimants and defendants, and has a public law practice involving challenges to healthcare decisions (eg provision of cannabis derived medicinal products, transplant waiting lists and travel abroad for life-sustaining treatment). As to ethical work, many of Katie’s serious medical treatment cases in the Family Division and Court of Protection attract national news coverage and she represented the NHS Trust in the Charlie Gard case. She represents families and healthcare providers at high profile inquests (the widow of one of the seven men murdered by Al-Qaeda terrorists at In Amenas and, currently, Spire at the inquests into former patients of Ian Paterson). And she has significant public inquiry experience, now representing The Haemophilia Society at the Infected Blood Inquiry.

Katie is a quick witted, down to earth, tireless and client focussed. The directories have said she is “charming and deadly” as well as “an astonishing talent”. In 2019, she was appointed a Deputy High Court Judge.

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Speakers PETER RUDD-CLARKE Peter Rudd-Clarke specialises in the life sciences and consumer products sectors.

He advises on the regulation of medical devices, CE marking, clinical trials, consumer products and ongoing compliance matters. The litigation and risk management side to his practice sees Peter defending manufacturers of complex products, often across multiple jurisdictions. Peter presents and writes articles on issues such as artificial intelligence, supply chains, cross-border litigation, medical device regulations and Brexit. His articles have been published in publications such as Insurance Day, Post Magazine and Insider Quarterly and he has been quoted in the Times and insurance press discussing risk management issues.

EMMA KISLINGBURY Emma is an Associate Solicitor at RPC, specialising in Medical/Life Sciences and Product Liability. She acts on a range of cases and represents insurers, private healthcare providers, healthcare practitioners and manufacturers of medical devices and pharmaceutical products in the defence of medical malpractice and product liability claims and in relation to clinical trials. She also represents healthcare organisations and practitioners at inquests, and advises on clinical governance issues, regulatory requirements, indemnity and coverage.

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Supporters CARTER BROWN t: +44 (0)1623 661 089 e: referrals@carterbrownexperts.co.uk 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 t: +44 (0)333 200 5925

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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 t: +44 (0)1752 892 745

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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 t: +44 (0)115 878 1000

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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 t: +44 (0)161 834 0017

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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 t: +44 (0)1249 456 360

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Jane James and Associates have been providing an Expert Witness service for over 35 years. We specialise in catastrophic and serious injury cases, reporting on both adults and children throughout the UK, Ireland and Worldwide. We receive instructions consistently from both Claimant and Defendant legal representatives. Jane James and Associates offers a wide range of services that will ensure you receive the best reports by Expert Witnesses of the highest calibre and at competitive rates.

LOCKTON t: +44 (0)782 694 0825

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Although Lockton is the world’s largest privately held, independent insurance broker, clients typically describe us as team members who care about their business. Energy, innovation, and deep expertise fuel our efforts to solve problems and achieve real results.

At Lockton, we are passionate about serving our clients, developing our Associates, and giving back to our communities. We harness all of our global resources to do one thing: help you make your business better. We achieve this by improving your bottom line, managing your capital, attracting and retaining talent, and protecting your people, property, and reputation.

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Our events portfolio of conferences and exhibitions brings together leading Government Our events portfolio of conferences and exhibitions brings together leading Government officials, trade organisations, business leaders, industry experts, thought leaders and officials, trade organisations, business leaders, industry experts, thought leaders and trade associations. Amassing the most relevant and high profile delegates, our events trade associations. Amassing the most relevant and high profile delegates, our events offer highly targeted environments to network and conduct business. Whether you offer highly targeted environments to network and conduct business. Whether you would like to find out more information about scheduled events or would like to discuss would like to find out more information about scheduled events or would like to discuss event partnerships please get in touch. event partnerships please get in touch.

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