Rising level of case complexities including politics, medicine and the Law

A one-day conference

Talbot Hotel, Stillorgan, Co Dublin

Date: 10th April 2019

With a number of recent high-profile cases in the Irish healthcare sector this year, as well as recent important legislation changes, and the rise in the complexities of the cases coming through the legal system, all point to a potential legal crisis facing Irish healthcare. This conference will highlight the relevant case studies that can impact current and future legal outcomes, examine new changes to legislation, explore the minefield of legalities within Irish healthcare and with our expert speakers and panel, delegates get to ask relevant questions and discuss potential future outcomes.

This conference is aimed at those executives and professionals at the forefront of healthcare in Ireland, from both the healthcare environment and legal community. The conference attracts these two powerful groups to explore and examine the current situation and future of medical negligence litigation.

Book your place now!

5 Structured CPD Points

This event typically sells out very quick, so prompt booking is strongly advised to secure your place at the early bird rate Save €100.00 – Early Bird Rate is €395.00 + VAT (Normal rate €495.00 + VAT)

Please note the early bird discount can close sooner than expected once a certain amount of seats fill up, therefore your prompt booking is strongly advised to avoid disappointment.

Full Day Programme 8.50am to 4.30pm

Conference Chairperson & Opening Remarks

An overview of current litigation aimed at the healthcare community – the financial provisions required, the likely outcomes if nothing changes and what the conference will be exploring to shed light on the challenges facing all parties in this environment. 

Chairperson: Joice Carthy, Managing Partner at ACL Solicitors

Duty of Candour & Open Disclosure for Adverse Events – Recent Developments

Ensuring that there is a truth and honesty in the aftermath of a mistake in the health system.

  • Background to Duty of Candour
  • HSE Policy of Voluntary Open Disclosure
  • Obligations of Open Disclosure under Civil Liability (Amendment) Act 2017
  • Renewed calls for a Statutory Duty of Candour post Gabriel Scally Report
  • Recent Developments

Speaker: Karen Bohane, Partner Cantillons Solicitors

Disclosure and Discovery: Politics, Medicine and the Law

Speaker: Rhona Mahony, Master, National Maternity Hospital

Moving from the Dark Ages

  • Healthcare Litigation and urgent need for change
  • Reform- An International perspective
  • Progress in Ireland- An update on where we are
  • Litigation in Ireland and Utopia

Speaker: Tom Hayes, Head of Healthcare, Matheson

Commencing a Medical Negligence Case:

  • Expert reports
  • Recent Court of Appeal decisions Deasy v HSE and Mangan v Dockeray
  • Obtaining and reviewing relevant records

Speaker: Dr Simon Mills SC and Co-Author of ‘Medical Law in Ireland’

Mediation as an Alternative – the Pros and Cons, and Successes to date  

  • Inquests – inquisitorial, non-adversarial to establish the facts;
  • PIAB – where liability is not in issue and transparency and consistency are key;
  • Pre-Action protocols – UK experience;
  • Mediation – 
  • An open environment for sharing, hearing and being heard. Seek to set and manage all parties’ alternate expectations.
  • Agreeing all ‘terms of resolution’, not simply the level of award. Seek agreement acceptable to all parties in a time efficient and dignified manner. 
  • Significant savings in terms of time to resolution, costs, court intervention.
  • How do we bring a parties ‘to the mediation table’? Awareness raising and open discussion with case and working examples shared.

Speaker: Aisling Gannon, Partner, Head of Healthcare, Eversheds Sutherland

Liability for failed screening: Cervical Check and beyond

Speaker: Sarah Reid, Barrister & Author

Costs Updates:

  • Recovery counsel fees
  • Update on key aspects of the legal Services act
  • The importance of making a lodgement

Speaker: Michael Monaghan FALCD, BSc, LLB and Nick Portch FALCD, Abacus Law Costs Consultants

Case Law Update:

  • Statute of Limitations: Date of knowledge: hospital acquired infections
  • Breach of confidence/Patients’ rights: the test to be met before confidential information regarding a patient can be disclosed to a third party
  • Wrongful birth: first case to succeed in Ireland
  • Vicarious liability: some UK cases which may ultimately have potential implications for doctors and other health care professionals in Ireland
  • Informed consent
  • Deprivation of liberty: patients unlawfully detained – or not
  • Causation: this was a 2017 Court of Justice of the European Union judgment.

Speaker: Anne Conlon, Barrister-at-Law, The Law Library

Speaker Panel Discussion:

Delegates are encouraged to take part in a discussion based on the day’s presentations, this is your chance to ask any questions you may have for our experts, insuring you get the most out of this highly informative day.

This conference will be of interest to most professionals involved in the provision of healthcare and in particular, directors of nursing, doctors, consultants, healthcare service management executives, private sector healthcare providers, nursing home providers, surgeons and surgical consultants, healthcare in house legal teams, executives in regulatory and compliance environments within healthcare, relevant government bodies and obviously legal consultants, solicitors, barristers and professionals within the legal community.

There will be 5 structured CPD points awarded to all attendees at this conference from the CPD certification service

Dr. Simon Mills

Dr. Simon Mills

SC and Co-Author of ‘Medical Law in Ireland’

Simon Mills is a Senior Counsel specialising in medical law and in particular clinical negligence, professional regulatory law, mental capacity and coroners’ inquests. He has acted in a number of the leading Irish cases in the area.

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He trained first as a doctor in Trinity College Dublin and then, while practising in a busy urban general practice, as a lawyer in University College Dublin. He was called to the Bar in 2002 and to the Inner Bar in 2018. He also has an MSc in Medical Ethics from Imperial College London.

He is the co-author of two books (most recently, ‘Medical Law in Ireland’, 3rd edn, 2017).  

Karen BohaneKaren Bohane

Partner, Cantillon Solicitors

Karen holds a BCL (Law and Irish) and LL.M from University College Cork.

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Her Masters Thesis was in the area of Medical Law.  She qualified as a Solicitor in 2010. Karen joined the Medical Negligence Team in Cantillons Solicitors in October 2010 where she has gained experience representing Plaintiffs in Medical Negligence actions.

She has written articles/editorials for a number of peer reviewed publications including the Law Society Gazette. She is a Guest Lecturer in the Cork College of Commerce. She has been involved in continuing professional development and speaks at conferences on the topic of healthcare law.

Sarah ReidSarah Reid

Barrister-at-Law, The Law Library

Sarah Reid LLB, LLM, BL is a practicing barrister specialising in personal injury and medical negligence.

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In recent years her area of specialisation has expanded to include the overlap between product liability laws, medical devices regulations and clinical negligence. In particular Sarah has focused her research on the defective PIP implants & DePuy recall of the ASR hip replacement system. Sarah is an associate legal expert with the Institute of Public Administration where she delivers specialised training in medical law, judicial review and courtroom skills to the public sector. She also lecturers Product liability law in Trinity College Dublin and is a guest lecturer in clinical negligence for the HSE & the Royal College of Surgeons in Ireland. In 2015 Sarah was appointed as legal counsel to the Oireachtas Banking Inquiry.

Anne ConlonAnne Conlon

Barrister-at-Law, The Law Library

Anne Conlon BL LLM, MA, MSc, is a practicing barrister working in the area of general practice including medical negligence, employment law and personal injury.

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Prior to being called to the Bar Anne worked for over 20 years as a General Manager in the private healthcare sector – a highly regulated environment.

Anne completed a Master of Laws (Human Rights) at the University of Keele, a Master of Arts (Women’s Studies) at University College Dublin and a Master of Science (Healthcare Management) at the Royal College of Surgeons in Ireland. In addition, Anne holds qualifications in employment law and data protection law. Anne is a research specialist providing training and research services for several high-profile organisations.

Finally, Anne has served as a Chairperson / director on both healthcare industry and NGO boards – including the Dublin Rape Crisis Centre.

Nick PortchNick Portch

FALCD, Abacus Law Costs Consultant

Nick has been working in the field of legal costs for 30 years. He qualified as a Fellow of the Association of Law Costs Draftsmen (by written examination) in January 2001, and was among the first Costs Draftsmen to qualify as a Costs Lawyer in January 2008.

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Nick has extensive experience in dealing with costs in commercial and civil litigation and has dealt with many complex and high value matters, both justifying and opposing, for numerous large firms of solicitors based in Central London and the City. Nick regularly provides advice on costs matters to major insurance companies and leading firms of solicitors specialising in insurance work.

Nick regularly deals with opposing Bills of Costs in medical negligence matters for the Medical Protection Society as well as to a major London firm on the NHSLA solicitors’ panel, and also deals with costs matters on behalf of private health organisations. Nick was previously involved in dealing with high value claims for costs arising from the Buncefield litigation, including complex claims for generic costs of the issues of both liability and quantum

Michael MonaghanMichael Monaghan

FALCD, BSc, LLB, Abacus Law Costs Consultant

Michael graduated with a BSc from the National University of Ireland and subsequently graduated with a LLB from London Guildhall University.

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Michael has over 19 years’ experience in dealing with legal costs, both in England and in the Republic of Ireland, and Northern Ireland. He was also among the first Costs Draftsmen in the United Kingdom to qualify as a Costs Lawyer in September 2007.

Michael heads our Dublin office and, has extensive experience in both justifying and opposing claims for costs in a wide range of civil and commercial matters, and has particular expertise in dealing with claims for costs in clinical negligence. Michael also has extensive expertise in dealing with costs claims against government departments, having been the Principal Legal Costs Accountant to the Commission to Inquire into Child Abuse (‘The Ryan Commission’) in Dublin since 2005, as well as to the State Claims Agency, the Medical Protection Society and the Medical Professional Liability Company (MPLC) and the Directorate of Legal Services in Belfast in respect of Medical Negligence Litigation.

Joice CarthyJoice Carthy

Managing Partner at ACL Solicitors

Joice Carthy is Managing Partner of Augustus Cullen Law.

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Joice graduated with a degree in Law & European Studies in 1997 and then completed her L.L.M. in Queens College, Cambridge in 1998. She joined the litigation department of Augustus Cullen Law in November 2002 and became a Partner in 2008.

For the last 16 years, Joice has practiced exclusively in the area of medical negligence. She has particular specialist experience in catastrophic injury and Cerebral Palsy/birth injury cases, having been involved in high profile and high value birth injury cases, with awards exceeding €14 million. Joice also brought a high value birth injury claim which resulted in the first judgment in this jurisdiction on the issue of calculating damages for future accommodation for catastrophically injured Plaintiffs.

She has successfully concluded complex cases in all areas of clinical and medical negligence litigation including claims relating to acquired brain injuries, gynaecological and obstetric injuries, oncology, Accident & Emergency, radiological negligence, spinal injuries, cosmetic surgery claims, GP negligence and fatal injury claims/Inquests.

Joice lectures regularly in Medical Law & Litigation at the Law Society on the Professional Practice Course.

Talbot Hotel (Formerly Stillorgan Park Hotel)

SAVE €100.00 BY BOOKING THE EARLY BIRD RATE OF €395 + VAT per Person – Normal Rate @ €495 + VAT.

Please note the early bird discount can close sooner than expected once a certain number of seats fill up, therefore your prompt booking is strongly advised to avoid disappointment

CMG Events Conference Discount

  • 10% discount for the third delegate booked or subsequent bookings thereafter from the same company.

The rate to attend includes morning tea/coffee and refreshments on arrival at registration, mid-morning tea/coffee and pastries and buffet lunch. You will receive the speakers PowerPoint presentations within 24 hours after the event. 

Tel: 01 293 4764

Email: bookings@cmgevents.ie

   Telephone:+353 1 2933650

Early Bird Booking rate: €395.00 + VAT Normal Rate: €495 + VAT

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Payment for attendance is due within seven days from the date of invoice. This booking is transferable and a substitute attendee may attend on your behalf at no additional cost if you cannot attend. Cancellation of a booking must be received by CMG in writing by email or by post, no later than 14 days prior to the event or course date. Regrettably no cancelations or refunds can be made after this date. Cancellations will be charged an administration fee of 25% plus VAT.

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