Obstetric Malpractice 2009 Dpt

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The program is divided into two parts. The first day is devoted to understanding the medical injuries involved in children’s brain injuries. Lawyers will learn what kinds of injuries are not related …

The program is divided into two parts. The first day is devoted to understanding the medical injuries involved in children’s brain injuries. Lawyers will learn what kinds of injuries are not related to any fault on the part of the doctor. The second day focuses on how these cases can be won for the defense.

The highly challenged battleground requires counsel to be prepared in both medicine and law. And that is why Legal IQ is gathering together top legal and obstetrical experts from to share realistic and practical strategies to defend the delivery team in these cases.

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  • 1. SAVE $800 When You Register Forum on By December 5th Defending the Delivery Team: Obstetric Malpractice TM Lessons Learned in the Defense of Hear From Perinatal Brain Injury Cases Participating Organizations: February 23-25, 2009 Philadelphia, PA The Children's Hospital of Pennsylvania Kline & Specter, P.C. Strengthen Your Medico-Legal Knowledge by Attending to: Martin Clearwater & Bell LLP Find out how to successfully defend your obstetric malpractice case • University of Pennsylvania Medical School Hear about the latest medical developments in infant brain damage • Albert Einstein Medical School Understand how to apply the medical information to an effective legal • Dartmouth Medical School defense Koskoff Koskoff & Bieder, P.C. University of Toronto Medical Receive the latest information on expert evidence • School Learn how to meet the standard of care in defending these cases • Galloway, Lucchese, Everson & Picchi Discover proven strategies to improve outcomes and reduce obstetric • Mount Sinai Hospital, Toronto claims Kaufman Borgeest & Ryan LLP Hall, Booth, Smith & Slover, P.C. Special Thanks To Our Expert Advisory Board: Sutter, O'Connell & Farchione Gair, Gair, Conason, Steigman & Mackauf Wilson Elser Moskowitz Edelman & Dicker LLP David R. Lucchese Kathleen R. Nastri Bruce G. Habian Thomas R. Kline Partner Partner Partner Partner Garson DeCorato & Cohen LLP Galloway, Lucchese, Koskoff Koskoff & Martin Clearwater Kline & Specter Naulty, Scaricamazza and Everson & Picchi Bieder, P.C. & Bell LLP LLP McDevitt LLC Stanford University Medical School Media Partners: CLE CREDITS AVAILABLE The Risk Management & Patient Safety Institute Register today! Call Dhaval: 416.597.4754 or e-mail: dhaval.thakur@iqpc.com
  • 2. Defending the Delivery Team: Obstetric Malpractice TM Dear Colleague, Damages can soar over the $100 milli on mark in a single obstetric brain injury case. This is why it is crucial to understan d how to avoid, defend and win such a case, considered the largest and most com Who You will Meet: plicated personal injury cases in this country. Many obstetricians and gynecologists see only gloom and doom when they are sued for obstetric malpractice; however, Plaintiff and Defense medical they need to know that these case • s can be defended successfully. malpractice lawyers Obstetricians and gynecologists • To address this important topic, IQPC and Legal IQ present this forum, Defe nding the Senior In-House Counsel from • Delivery Team: Lessons Learned in the Defense of Perinatal Brain Injur y Cases. medical malpractice insurers and hospitals Designed to integrate medico-legal information, the first day is devoted to Hospital risk managers understanding the medical injuries • involved in brain injuries and disco vering what injuries are not related to any fault VPs of Claims for medical on the part of the doctor. Some of • the finest obstetric experts in North America malpractice insurers will explain the workings of the infan t brain and how to avoid liability. Claims managers and senior • medical malpractice claims The second day focuses on how thes examiners e cases can be won for the defense, demonstrated by some of the finest medical malp ractice lawyers in the United States. Medical malpractice insurance • adjusters With so much money at stake for everyone involved in the delivery of a baby, Chiefs and directors of obstetrics professionals involved in obstetric care • need the most up-to-the-minute med ico-legal and gynecology information on obstetric malpractice lawsuits, provided at this forum. Obst etricians, gynecologists, nurses, midwives and Chiefs of nursing • the insurance companies who insu re them, as well as the defense lawyers who defend them, will all benefit from attending Midwives • this event. So sign up today to reserve your seat for this informative and exciting oppo rtunity. I look forward to meeting you in Febr Earn CLE Credits! uary! IQPC will seek CLE accreditation in those Kindest regards, states requested by registrants (post conference) which have continuing education requirements. This is subject to the rules, regulations and restrictions P.S. Don't forget to sign dictated by each individual state organization. Application for accreditation up for the pre-conference of this course or program in all CLE approved states is currently pending. workshops designed for in- Fred Sagel depth knowledge! See Page Conference Director Legal IQ, a division of IQPC 5 for more details. 2
  • 3. Main Conference Day 1 Tuesday, February 24, 2009 sustained by the fetus. Find out from a leading American Registration and Coffee 7:30 specialist how this unique tool can be used to ascertain when injuries sustained by the fetus occurred. This is an important Co-Chairs’ Opening Remarks 8:30 session for understanding how to determine the origin of brain Kathleen L. Nastri, Partner, KOSKOFF KOSKOFF & BIEDER, damage and is required learning for any physician and lawyer in P.C. (Bridgeport, CT) the field. Topics Covered: Understanding which work best: Ultrasound, CT scans • David R. Lucchese, Senior Partner, GALLOWAY, LUCCHESE, or MRIs? EVERSON & PICCHI (Walnut Creek, CA) • Markers of asphyxial brain damage • Signs of traumatic brain injury The Key to the Perinatal Brain Injury Case: 8:45 Acute, profound v. prolonged partial asphyxia • Understanding the Differences Between a • Dealing with the other causes of brain injury Normal Infant Brain and an Injured Fetal and • The role of placental pathology in determining the cause and Neonatal Brain timing of the events leading to brain injury No attorney, whether plaintiff or defendant, can properly • The importance of examining the placentia represent a client in an obstetrical malpractice case without Using the tools for success in a legal case • gaining a clear understanding of the differences between a Kathleen L. Nastri, Partner, KOSKOFF KOSKOFF & BIEDER, normal infant brain and an injured one. In this must-attend P.C. (Bridgeport, CT) presentation, two leading world class obstetrical specialists will Dr. Robert A. Zimmerman, Chief, Neuroradiology Division/MRI, discuss the development of the fetal and neonatal brain, THE CHILDREN’S HOSPITAL OF PHILADELPHIA exploring the physiological processes which cause (Philadelphia, PA) maldevelopment and injury during the prenatal, intrapartum and neonatal periods. Topics Covered: Networking Lunch 12:30 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 The Critical Role of Cerebral Palsy in a Brain 2:00 neonatal brain scans Injury Case How infection impacts the infant brain while it is a fetus • Many babies with cerebral palsy have a congenital malformation • Distinguish different types of brain damage from the imaging of the brain, meaning that the malformation existed at birth and results was not caused by the birthing process. And this is important Hypoxic ischemic injury • information in the defense of the delivery team when a brain- • The appropriate diagnosis and treatment of infection, damaged infant is born. New lessons from the research metabolic and blood disorders as potential causes of brain laboratory have come up with other causes of cerebral palsy and damage a thorough understanding of the problems is essential. In this in- How to assess the cause and define the standard of care in • depth presentation by two prominent specialists, you will learn: neonatal infection and metabolic disorders of the infant brain What is cerebral palsy? • Causes of brain injury • Causes of cerebral palsy • Neonatal infection • • Neonatal infection and brain damage Metabolic disorders • • What every attorney needs to know about cerebral palsy and • Fetal asphyxia negligence and how to separate causation Genetic disorders • • How cerebral palsy comes about from the birthing process • Exploring causes of brain injury not caused by the delivery • How a diagnosis of cerebral palsy is made team—what are they and how do they arise? The different types of cerebral palsy • How aggressive should the treatment for cerebral palsy be? Moderator: • • Realistic goals for a child with cerebral palsy Andrew S. Garson, Partner, GARSON DECORATO & COHEN The criteria for implicating intrapartum care to cerebral palsy LLP (New York, NY) • Understanding fetal heart rate evaluation, infection, trauma • Panel: and prematurely in the development of CP Dr. James Byrne, Chief of Obstetrics, SANTA CLARA VALLEY Moderator: MEDICAL CENTER, Associate Clinical Professor, STANFORD Andrew S. Kaufman, Partner, KAUFMAN BORGEEST & RYAN SCHOOL OF MEDICINE (Stanford, CA) LLP (New York, NY) Dr. Lucy B. Rorke-Adams, Pediatric Neuropathologist, The Panel: CHILDREN’S HOSPITAL OF PHILADELPHIA (Philadelphia, PA) Dr. Arnold Cohen, Chair, Department of Obstetrics and Morning Networking Break Gynecology, ALBERT EINSTEIN MEDICAL CENTER 10:45 (Philadelphia, PA) The Latest Tools and Science to Determine the 11:15 Dr. Marcus C. Hermansen, Associate Professor of Pediatrics, Origin and Timing of Irreversible Brain Damage Adjunct Associate Professor of Obstetrics and Gynecology, DARTMOUTH MEDICAL SCHOOL, Medical Director, Two of the best tools to determine the origin of irreversible brain SOUTHERN NEW HAMPSHIRE MEDICAL CENTER (Nashua, NH) damage – something that every attorney requires – are neuroimaging and placental pathology. Neuroimaging involves Afternoon Networking Break at 3:15PM ultrasound, CT scan and MRI. One of America’s leading neuroradiologists will explain how neuroimaging can be used to End of Conference Day One 4:30 determine the timing and origin of the injury. As well, placental pathology is an important tool for the events that led to injuries 3 Media Partners:
  • 4. Main Conference Day 2 Wednesday, February 25, 2009 Registration and Coffee Unethical expert witness testimony • 8:15 Assessing credibility of the opposition experts • Opening Remarks from the Co-Chairs 8:45 Moderator: Bruce G. Habian, Partner, MARTIN CLEARWATER & BELL LLP (New Effectively Using the Medicine to Defend the 9:00 York, NY) Delivery Team in a Neonatal Brain Injury Case Panel: Not every brain injury caused to an infant is birth-related. And Lisa Dagostino, M.D., J.D., Partner, KLINE & SPECTER, P.C. that is why every medical issue must be analyzed objectively and (Philadelphia, PA) critically. By thoroughly understanding the medical aspects of a Thomas R. Kline, Partner, KLINE & SPECTER (Philadelphia, PA) case, defense lawyers can gain enormous information about the prenatal and perinatal causes of neurological dysfunction. The Timothy J. Sheehan, Partner, WILSON ELSER MOSKOWITZ human brain is susceptible to a wide variety of genetic, EDELMAN & DICKER LLP (New York, NY) developmental and acquired abnormalities that may have nothing to do with obstetric malpractice. Networking Lunch 12:45 In this dynamic presentation, hear of one America’s finest Luncheon Speaker defense counsel describe how he has had several spectacular Dr. Kenneth Milne, President & CEO, SALUS GLOBAL CORP. results over the last two decades by properly utilizing medical (London, ON) evidence in a brain damaged infant case. He will reveal the quot;How to Achieve Patient Safety in Obstetrics: What are the secrets of his success, including: Drivers?quot; • How to win a case by “examining the brain first” approach Using films of the brain and other diagnostic studies to • Proven Strategies to Improve Outcomes and Reduce 2:00 determine the cause of injury Obstetric Claims against the Delivery Team • How to use laboratory and other clinical “time-markers” to The defense of obstetrical cases—especially those involving brain defend a case damaged infants--can be devastating, so it is essential that every delivery • Deploying medical information about nucleated red blood cells team prepare and minimize its risk. In this session, moderated by an to negate negligence Atlanta defense lawyer, two leading obstetrical malpractice defense • How viral illnesses during pregnancy can be proven as a defense lawyers, a prominent risk manager at the nation’s best pediatric hospital • Effective causation defenses that can disprove liability—and and a leading physician who has instituted major reforms, will how to deal with them recommend innovative strategies to pre-empt litigation. This must-attend After Mr. Lucchese’s presentation, he will join the outstanding session will give you valuable insights into: panel of prominent plaintiff and defense attorneys who will • Avoiding litigation before it begins engage in a spirited and stimulating discussion of the issues What successful hospitals have done to prevent obstetric claims • faced by every obstetrician, physician, hospital or nurse in the • How strategic decisions in the early stages can have dramatic country. consequences Moderator: Effective decision-making • David R. Lucchese, Senior Partner, GALLOWAY, LUCCHESE, • The value of cross-functional teams EVERSON & PICCHI (Walnut Creek, CA) How to set up an internal risk management systems to avoid litigation • • When to use drills as a preventative measure Panel: • Allocating responsibilities on the delivery team Stephen H. Mackauf, Partner, GAIR, GAIR, CONASON, Which risk management systems are most effective and which are not? • STEIGMAN & MACKAUF (New York, NY) • Using internal investigations and audits to mitigate obstetrical Kathleen L. Nastri, Partner, KOSKOFF KOSKOFF & BIEDER, malpractice P.C. (Bridgeport, CT) • Identify risks in documenting adverse outcome discussions with patients • Charting and documentation procedures Joseph A. Farchione, Partner, SUTTER, O’CONNELL & what should be charted and who should do it? • FARCHIONE (Cleveland, OH) • establishing a common system of charting for the entire perinatal team Morning Networking Break • how to deal with unexplained gaps in charting 10:45 avoiding the pitfalls in both charting and fetal monitoring • • appropriate guidelines for late entries The Absolute Key to an Effective Defense: 11:15 Using the Right Expert to Meet the Standard of John E. Hall, Jr. Partner, HALL, BOOTH, SMITH & SLOVER PC (Atlanta, GA) Care for the Delivery Team There is nothing more important to the successful defense of a Margaret J. Davino, BSN JD, Partner, KAUFMAN BORGEEST & RYAN baby brain injury case than the assistance and testimony of the (New York) expert medical experts. While oral testimony from witnesses in a (Former General Counsel at St. Joseph’s Hospital and Medical Centre, case must state facts and not opinions, the expert is allowed to New York) state opinions and is therefore held to a different standard from Dr. Jack Ludmir, Professor and Chairman, Obstetrics and Gynecology, other witnesses. But proper preparation means finding multiple Director of Obstetrics, HOSPITAL OF UNIVERSITY OF PENNSYLVANIA expert witnesses in multiple different disciplines. In this (Philadelphia, PA) presentation, moderated by a prominent defense lawyer, hear two Angelo Scaricamazza, Partner, NAULTY, SCARICAMAZZA and of America’s most successful plaintiff lawyers and a well-known McDEVITT LLC (Philadelphia, PA) New York defense lawyer discuss the key to an effective case: What specific types of experts to retain for evaluation of the • Karol Warwick-Russ, Group Vice-President, THE RISK MANAGEMENT issues of the standard of care AND PATIENT SAFETY INSTITUTE (Lansing, MI) Why specific experts must be used for the issues of causation • Afternoon Networking Break at 3:15PM The experts required on the issues of damages • • How to assess and discredit experts in the case End of Conference 4:45 Effectively using the ACOG standards in expert evidence • Register today! Call Dhaval: 416.597.4754 or e-mail: dhaval.thakur@iqpc.com 4
  • 5. Pre-Conference Workshops Monday, February 23, 2009 A B 10:00 a.m. – 1:00 p.m. 2:00 p.m. – 5:00 p.m. How to Effectively Handle an Infant Brain Effective Strategies for Documenting and Injury Case: Lessons from the Finest Disclosing Adverse Outcomes It is difficult to litigate an infant brain injury case. It requires the It is vital for every obstetrician and nurse to keep proper utmost skill and knowledge in all areas of personal injury law. documentation of an obstetrical procedure. When it comes to an Nothing, however, is more important than an understanding of the adverse outcome, however, it is important to understand what is medicine itself. Since not every brain injury is the result of required. If you’re an attorney, what are the key points that you negligence on the part of the delivery team, any attorney who should be looking for? And what sorts of notations should instantly handles such a case must become an expert in obstetrics and raise red flags? gynecology. And, in cases such as these, where the damages can How you will benefit: now exceed $100 million, you can never have enough knowledge. Examine the top techniques for effective obstetrical record • How you will benefit: maintenance • Learn how to conduct an infant brain injury case from the very • Obtain cutting-edge strategies for improved documentation to beginning to the very end manage risk • Find out how to mesh the medicine with the legal aspects • Effectively communicate and document test results indicating fetal • Understand what to look for in pretrial discovery abnormalities • Find out how to ascertain liability, causation and damage issues • Learn how to gather information for reporting an unfavorable outcome to hospital committees and insurers What we will cover: • How to ascertain liability What we will cover: • How to deal with the medical information How to effectively communicate and document test results in an • • How to conduct pre-trial discovery to maximum advantage obstetrics situation • Strategies for litigation • How to gather information for reporting an unfavorable outcome to hospital committees and insurers David R. Lucchese • The best techniques to effective obstetrical record maintenance Partner • The duty to report errors made by someone and what to do about GALLOWAY, LUCCHESE, EVERSON & PICCHI it to avoid liability (Walnut Creek, CA) David R. Lucchese Kathleen Nastri Partner Partner GALLOWAY, LUCCHESE, EVERSON & PICCHI, P.C. KOSKOFF KOSKOFF & BIEDER, P.C. (Walnut Creek, CA) (Bridgeport, CT) Kathleen Nastri Partner KOSKOFF KOSKOFF & BIEDER (Bridgeport, CT) Standard Pricing Sponsorship and Price Exhibition Opportunities Conference Only $2,399 Sponsorships and Exhibits are Conference + excellent opportunities for your $2,948 1 Workshop company to showcase its products and services to high-level, targeted Conference + decision makers attending the $3,497 2 Workshops conference. Legal IQ and the Workshop only $549 each International Quality & Productivity Center (IQPC) help companies like * All prices include lunches, refreshment and detailed Details for making payment via EFT or wire transfer: yours achieve sales, marketing and conference materials. JPMorgan Chase branding objectives by setting Penton Learning Systems LLC dba IQPC: 957-097239, ABA/Routing #: aside a limited number of event * Discount cannot be combined 021000021 sponsorships and exhibit spaces – Reference: Please include the name of the attendee(s) and the event all of which are custom-tailored to TEAM DISCOUNTS number: 16938.001 Contact Dhaval Thakur at 416.597.4754 for the help your company create a Payment Policy: Payment is due in full at the time of registration. Your following discounts: platform to maximize its exposure TEAM: Only one discount may be applied per registrant. registration will not be confirmed until payment is received and may be at the event. Visit us on the Web NON-PROFIT, GOVERNMENT, ACADEMIA: Call for more subject to cancellation. and see what other exciting and information. For IQPC’s Cancellation, Postponement and Substitution Policy, information-packed conferences please visit www.iqpc.com/cancellation are being offered by the PAYMENT INFORMATION: International Quality and Details for making payment via EFT or wire Productivity Center! transfer: A $99 processing charge will be assessed to all ©2009 IQPC. All Rights Reserved. The format, design, content and registrations not accompanied by credit card payment at arrangement of this brochure constitute a trademark of IQPC. the time of registration Unauthorized reproduction will be actionable under the Lanham Act and MAKE CHECKS PAYABLE IN U.S. DOLLARS TO: IQPC common law principles. 5 Media Partners:
  • 6. International Quality & Productivity Center REGISTRATION CARD 535 5th Avenue, 8th Floor New York, NY 10017 YES! Please register me for Defending the Delivery Team: Obstetric Malpractice TM ❑ Conference + 1 Workshop ❑ Conference Only ❑ Conference + 2 Workshops ❑ Workshop Only See Page 5 for pricing details. Your customer registration code is: TLS/DPT When registering, please provide the code above. Name__________________________________ Job Title ________________________ Organization____________________________________________________________ Approving Manager______________________________________________________ Address_______________________________________________________________ City__________________________________State______________Zip___________ Phone________________________________Fax_______________________________ 3 EASY WAYS TO REGISTER: E-mail__________________________________________________________________ ❑ Please keep me informed via email about this and other related events. 1 Phone: 416.597.4754 ❑ Check enclosed for $_________ (Payable to IQPC) 2 Fax: 416.598.7934 ❑ Charge my __Amex __Visa __Mastercard __Diners Club Email: dhaval.thakur@iqpc.com 3 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. 16938.001/D/KV SAVE $800 Forum on When You Register By December 5th Defending the Delivery Team: Obstetric Malpractice TM Lessons Learned in the Defense of Perinatal Brain Injury Cases CLE CREDITS AVAILABLE February 23-25, 2009 Philadelphia, PA Register today! Call Dhaval: 416.597.4754 or e-mail: dhaval.thakur@iqpc.com