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Defending the Delivery Team:

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Main Conference Day 1
    Tuesday, April 28, 2009

Main Conference Day 2
    Wednesday, April 29, 2009

             Registration and Coffee                                ...
Dinner Workshop
    Tuesday, April 28, 2009

       5:30 p.m. – 8:00 p.m.

       How to Effectively Handle an Infant Brai...
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2nd Obstetric Malpractice Seminar


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Learnign lessons in Perinatal Brain injury cases
April 28th-29th \'09, Hyatt Fishrman\'s Wharf, San Francisco, CA.

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2nd Obstetric Malpractice Seminar

  1. 1. Register with Dhaval Thakur CLE CREDITS AVAILABLE For Exclusive! Forum on Speaker Discount Defending the Delivery Team: Hear From Obstetric Participating Organizations: Malpractice Galloway, Lucchese, Everson & Pich TM Sutter, O’Connell & Farchine Gair, Gair, Conason, Lessons Learned in the Defense of Steigman & Mackauf Perinatal Brain Injury Cases Stanford University Medical School April 28-29, 2009 Bruce G. Fagel & Associates Hyatt at Fisherman's Wharf, San Francisco, CA San Francisco General Hospital Special Thanks To Our Expert Advisory Board: USCF Medical School David R. Lucchese David J. O’Keefe J. Ric Gass and Medical Center Partner, Galloway, President, Managing Partner, Gass Weber Lucchese, Everson & Shareholder, Bonne Mullins LLC Bonne Bridges Picchi Bridges Bruce G. Fagel Susan E. Loggans James S. Bostwick Law Office of Marshall M.D., J.D., Bruce G. Susan E. Loggans & Bostwick, Peterson & Fagel & Associates Associates P.C. Mitchell LLP Silberberg Bostwick, Peterson & Strengthen Your Medico-Legal Knowledge by Attending to: Mitchell Find out how to successfully defend your obstetric malpractice case • Schuering Zimmerman Hear about the latest medical developments in infant brain damage • Scully Tweedy & Doyle Understand how to apply the medical information to an effective legal defense • Susan E. Loggans & Receive the latest information on expert evidence • Associates P.C. Learn how to meet the standard of care in defending these cases • Fonda & Fraser LLP Discover proven strategies to improve outcomes and reduce obstetric claims • Women’s College Hospital, Toronto Back by popular demand! Thanks to the popularity of our first The Children’s Hospital event, we’re back with more speakers and new workshops! of Pennsylvania Register today! Call Dhaval: 416.597.4754 or e-mail:
  2. 2. Defending the Delivery Team: Obstetric Malpractice TM 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 Who You will Meet: for malpractice. Most hospital risk man agers, nurses and midwives feel the same way. And so do the medical malpractice insu rers. Defense Attorneys • But it doesn’t have to be this way. These cases can be successfully defe Plaintiff Attorneys nded. And this • conference can provide you with all the answers from highly experienc ed professionals. Nurses • There was such a good response to IQPC’s East Coast program on Obst etric Malpractice that it is being held again in San Fran Obstetrics Doctors cisco on April 28-29, 2009. • Defense lawyers, obstetricians, risk Risk Managers • managers and insurers are flocking to the East Coast event. And plaintiff lawyers are com ing too—if only to find out about the latest tactics the defense is deploying to have verd Hospital Insurers • icts returned successfully in favor of doctors and hospitals. Shareholders • We have put together a program that features some of the most prom And others • inent obstetric malpractice lawyers in the nation—b oth plaintiff and defendant. They have an enormous amount of experience that can prov ide you with valuable lessons learn ed in the defense of the delivery team. And you will even learn defense tactics from the perspective of leading plaintiff attorneys! How do they do it? The first day is devoted to medical issues involved in brain injury cases. You will learn what is—and Earn CLE Credits! is not—related to any fault on the part of the doctors. Some of the finest medical experts will explain the workings of the infan t brain and how to avoid liability. The second day is IQPC will seek CLE accreditation in those focused on how these cases can be won for the defense, demonstrated by some of states requested by registrants (post the finest malpractice lawyers in the nation. conference) which have continuing With so much money at stake for education requirements. This is subject to everyone involved in the delivery of a baby, professionals involved in obstetric the rules, regulations and restrictions cases need the most up-to-the-mi nute medico-legal information. dictated by each individual state organization. Application for accreditation We look forward to meeting you of this course or program in all CLE in San Francisco! approved states is currently pending. For Kindest regards, Financial Aid Policy information and to Don’t forget to check out request CLE credits, please indicate so when calling to register: 1-800-882-8684, the Infant Brain Injury or on the online registration form. David R. Lucchese Bruce G. Fagel workshop on page 5 Partner, Galloway, M.D., J.D., Bruce G. Lucchese, Everson & Fagel & Associates Picchi Register today! Call Dhaval: 416.597.4754 or e-mail: 2
  3. 3. Main Conference Day 1 Tuesday, April 28, 2009 The role of placental pathology in determining the cause and timing of Registration and Coffee • 7:30 the events leading to brain injury The importance of examining the placenta Co-Chairs’ Opening Remarks • 8:30 Using the tools for success in a legal case • David R. Lucchese Galloway, Lucchese, Everson & Picchi Networking Luncheon for Speakers and Delegates 12:15 Bruce G. Fagel, M.D. J.D. The Critical Role of Cerebral Palsy in a Brain Injury 1:30 Bruce G. Fagel & Associates Case The Key to the Perinatal Brain Injury Case: 8:45 Dr. Julian T. Parer, Professor, UCSF School Of Medicine Understanding the Differences Between a Normal Many babies with cerebral palsy have a congenital malformation of the Infant Brain and an Injured Fetal and Neonata Brain brain, meaning that the malformation existed at birth and was not caused Bruce G. Fagel, M.D., J.D., Bruce G. Fagel & Associates 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 Dr. James Byrne, Chief of Obstetrics, Santa Clara Valley Medical Center, from the research laboratory have come up with other causes of cerebral Associate Clinical Professor, Stanford School of Medicine palsy and a thorough understanding of the problems is essential. In this No attorney, whether plaintiff or defendant, can properly represent a client in in-depth presentation you will learn: an obstetrical malpractice case without gaining a clear understanding of the What is cerebral palsy? • differences between a normal infant brain and an injured one. In this must- Causes of cerebral palsy • attend presentation, a leading obstetrical specialist and one of California’s Neonatal infection and brain damage • most prominent plaintiff malpractice attorneys, who is also a physician, will What every attorney needs to know about cerebral palsy and • discuss the development of the fetal and neonatal brain, exploring the negligence and how to separate causation physiological processes which cause maldevelopment and injury during the How cerebral palsy comes about from the birthing process • prenatal, intrapartum and neonatal periods. They will cover: How a diagnosis of cerebral palsy is made • How a normal infant brain develops in the initial three months • The different types of cerebral palsy • What ultrasound and MRI results will reveal about the developing • How aggressive should the treatment for cerebral palsy be? • brain—and what to look for in the fetal and neonatal brain scans Realistic goals for a child with cerebral palsy • How infection impacts the infant brain while it is a fetus • The criteria for implicating intrapartum care to cerebral palsy • How to distinguish different types of brain damage from the imaging • Understanding fetal heart rate evaluation, infection, trauma and • results prematurity in the development of CP Hypoxic ischemic injury • The appropriate diagnosis and treatment of infection, metabolic and Afternoon Networking Break • 2:30 blood disorders as potential causes of brain damage How to assess the cause and define the standard of care in neonatal Effectively Using the Medicine to Defend the • 3:00 infection and metabolic disorders of the infant brain Delivery Team in a Neonatal Brain Injury Case Causes of brain injury • Moderator: - neonatal infection David R. Lucchese, Senior Partner, Galloway, Lucchese, Everson & - metabolic disorders Picchi - fetal asphyxia - genetic disorders Panel: Exploring causes of brain injury not caused by the delivery team—what • David J. O’Keefe, President, Managing Shareholder, Bonne Bridges are they and how do they arise? Marshall Silberberg, Partner, Law Office of Marshall Silberberg Morning Networking Break 10:30 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 The Latest Tools and Science to Determine the 11:00 thoroughly understanding the medical aspects of a case, defense lawyers Origin and Timing of Irreversible Brain Damage can gain enormous information about the prenatal and perinatal causes of neurological dysfunction. The human brain is susceptible to a wide variety Moderator: of genetic, developmental and acquired abnormalties that may have Gordon K. Wright, Shareholder, Cooper & Scully nothing to do with obstetric malpractice. Panel: In this dynamic presentation, hear of one America’s finest defense counsel Dr. Patrick D. Barnes, Chief, Pediatric Neuroradiology, describe how he has had several spectacular results over the last two Stanford School of Medicine decades by properly utilizing medical evidence in a brain damaged infant case. He will reveal the secrets of his success, including: Dr. Geoffrey A. Machin, MD, Ph.D, Pathologist How to win a case by “examining the brain first” approach • Two of the best tools to determine the origin of irreversible brain Using films of the brain and other diagnostic studies to determine the • damage—something that every attorney requires—are neuroimaging and cause of injury placental pathology. Neuroimaging involves ultrasound, CT scan and MRI. How to use laboratory and other clinical “time-markers” to defend a • One of America’s leading neuroradiologists will explain how neuroimaging case can be used to determine the timing and origin of the injury. As well, Deploying medical information about nucleated red blood cells to • placental pathology is an important tool for the events that led to injuries negate negligence sustained by the fetus. Find out from a leading American specialist how How viral illnesses during pregnancy can be proven as a defense • this unique tool can be used to ascertain when injuries sustained by the Effective causation defenses that can disprove liability—and how to deal • fetus occurred. This is an important session for understanding how to with them determine the origin of brain damage and is required learning for any After Mr. Lucchese’s presentation, he will join the outstanding panel of physician and lawyer in the field. two prominent obstetric malpractice attorneys—one plaintiff and one Understanding which work best: ultrasound, CT scans or MRIs? • defense-- who will engage in a spirited and stimulating discussion of the Markers of asphyxial brain damage • issues faced by every obstetrician, physician, hospital or nurse in the Signs of traumatic brain injury • country. This is a rare opportunity to see three of the nation’s best lawyers Acute, profound v. prolonged patial asphyxia • in action. Dealing with the other causes of brain injury • Conference Adjourns 5:00 Register today! Call Dhaval: 416.597.4754 or e-mail: 3
  4. 4. Main Conference Day 2 Wednesday, April 29, 2009 Registration and Coffee Networking Lunch 8:00 12:30 Luncheon Speaker: Opening Remarks from the Co-Chairs 8:45 J. Ric Gass Gass Weber Mullins LLC The Absolute Key to an Effective Defense: Using 9:00 the Right Expert for Damages and to Meet the “Handling Catastrophic Injury Cases” Standard of Care for the Delivery Team Mr. Gass is an award winning speaker and acclaimed trial defense lawyer. Moderator: He will talk about using the right words to tell the story of causation and James S. Bostwick, Bostwick, Peterson & Mitchell LLP damages in an obstetrical case involving a brain-damaged infant. He will Panel: demonstrate how to lay the groundwork for attacking damages and make Leo H. Schuering, Jr., Senior Partner, Schuering Zimmerman Scully a persuasive case before a jury on behalf of the defense. This is a Tweedy & Doyle compelling demonstration that cannot be missed! Stephen H. Mackauf, Partner, Gair, Gair, Conason, Steigman & Proven Strategies to Improve Outcomes and Reduce 2:00 Mackauf Obstetric Claims against the Delivery Team There is nothing more important to the successful defense of a baby brain injury case than the assistance and testimony of the expert medical Moderator: experts. While oral testimony from witnesses in a case must state facts Michael A. O’Flaherty, Of Counsel, Fonda & Fraser LLP and not opinions, the expert is allowed to state opinions and is therefore Panel: held to a different standard from other witnesses. But proper preparation Barbara J. Ballentine, R.N., Women’s College Hospital means finding multiple expert witnesses in multiple different disciplines. In this presentation, moderated by one of the nation’s top plaintiff David R. Lucchesse, Senior Partner, Galloway, Lucchese, Everson & malpractice lawyers, hear a California malpractice defense lawyer and a Picchi well-known New York plaintiff’s lawyer discuss the key to an effective Dr. Julian T. Parer, Professor, UCSF School Of Medicine case: What specific types of experts to retain for evaluation of the issues of • Susan Penney, Director of Risk Management, UCSF Medical Center the standard of care The defense of obstetrical cases—especially those involving brain damaged Why specific experts must be used for the issues of causation • infants--can be devastating, so it is essential that every delivery team The experts required on the issues of damages • prepare and minimize its risk. In this session, moderated by a prominent How to assess and discredit experts in the case • Los Angeles defense lawyer, a leading obstetrical malpractice defense Effectively using the ACOG standards in expert evidence • lawyer, a well-known defense counsel, a risk manager at a leading U.S Unethical expert witness testimony • hospital, a veteran nurse and a highly experienced obstetrician, attendees Assessing credibility of the opposition experts • will hear recommendations for innovative strategies to pre-empt litigation. This session will give you valuable insights into: Morning Networking Break 10:30 Avoiding litigation before it begins • What successful hospitals have done to prevent obstetric claims What All Defendants and their Insurers Must Know • 11:00 How strategic decisions in the early stages can have dramatic About Protecting the Delivery Team: The • consequences Perspective of Two Prominent Plaintiff Attorneys Effective decision-making • For the Plaintiff: The value of cross-functional teams • Bruce G. Fagel, M.D., J.D., Bruce G. Fagel & Associates How to set up an internal risk management systems to avoid litigation • When to use drills as a preventative measure • Susan E. Loggans, Susan E. Loggans & Associates P.C. Allocating responsibilities on the delivery team • Which risk management systems are most effective and which are not? • Perhaps the most interesting perspective on protecting the delivery team Using internal investigations and audits to mitigate obstetrical • can come from plaintiff lawyers themselves. In this remarkable malpractice presentation, hear two of America’s finest obstetric malpractice plaintiff Identify risks in documenting adverse outcome discussions with patients • attorneys describe how they view the defense of brain-damaged infant Charting and documentation procedures • cases. Using real-life examples, California attorney Bruce Fagel and - what should be charted and who should do it? Chicago lawyer Susan Loggans, a long-time veteran of many obstetric - establishing a common system of charting for the entire perinatal malpractice battles, will explore: team Which cases the defense should try—and which ones they should settle • - how to deal with unexplained gaps in charting How the plaintiffs view the strengths and weaknesses in a defense • - avoiding the pitfalls in both charting and fetal monitoring case—and how they deal with them - appropriate guidelines for late entries The most common mistakes made by defendants and their insurers— • Which risk management systems are most effective and which are not? • and how to avoid them Addressing and resolving differences of opinion • Valuable lessons that insurers an learn on how to save money • Medical diagnosis v. nursing diagnosis • The plaintiff view of the strengths and weaknesses in the defense of a • delivery team—and what they can do better Afternoon networking break from 3:15-3:45 Plaintiff suggestions for curbing negligence on the part of obsteticians, • nurses and hospitals Conference Concludes 4:30 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 • Register today! Call Dhaval: 416.597.4754 or e-mail: 4
  5. 5. Dinner Workshop Tuesday, April 28, 2009 5:30 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 Understand exactly what is required to ascertain liability, causation • utmost skill and knowledge in all areas of personal injury law. and damage issues Nothing, however, is more important than an understanding of the Discover exactly what defenses work—and which do not—and how • medicine itself—and knowing what to do with it. Since not every to successfully deploy them 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 What we will cover: obstetrics and gynecology. And, in cases where the damages can now How to ascertain liability before the case starts • exceed $100 million, you can never have enough knowledge. In this • How to deal with the medical information effectively workshop, led by two of the nation’s leading medical malpractice • Effective tactics for defeating the plaintiff’s claims lawyers—you will learn how to conduct an infant brain injury case • The experts that should be used—and the ones that should not from start to finish. • How to conduct pre-trail depositions—and what questions to ask • Effective strategies for litigation How you will benefit: • When to take the case to trial—and effective techniques once you • Learn how to conduct an infant brain injury case from the very get there beginning to the finish David R. Lucchese, Senior Partner, Galloway, Lucchese, Everson & • Find out how to mesh the medicine with the legal aspects Picchi, Walnut Creek, CA • Discover which experts can help—and hurt—your case • Understand what to look for in pretrial depositions Kathleen L. Nastri, Partner, Koskoff Koskoff & Bieder, P.C. • Find out how to frame your case 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 Register and Pay Register and Pay Register and Pay Pricing Sponsorship and By Feb 27 By March 27 After March 27 Exhibition Opportunities Conference Only (save $400) (save $200) $1,999 $2,199 $2,399 Sponsorships and Exhibits are excellent Conference + 1 (save $400) (save $200) opportunities for your company to showcase its Workshop $2,548 $2,748 $2,948 products and services to high-level, targeted Workshop Only $549 $549 $549 decision makers attending the conference. Legal IQ and the International Quality & Productivity Center (IQPC) help companies like yours achieve * All prices include lunches, refreshment and detailed Details for making payment via EFT or wire transfer: sales, marketing and branding objectives by conference materials. Contact us at 1-800-882-8684 for JPMorgan Chase setting aside a limited number of event special dietary requirements. Penton Learning Systems LLC dba IQPC: 957-097239, ABA/Routing #: * Discount cannot be combined 021000021 sponsorships and exhibit spaces – all of which Reference: Please include the name of the attendee(s) and the event TEAM DISCOUNTS are custom-tailored to help your company number: 16938.002 havalThakur @ 416-597-4754 for the D create a platform to maximize its exposure at following discounts: Payment Policy: Payment is due in full at the time of registration. Your the event. Visit us on the Web and see what TEAM: Only one discount may be applied per registrant. registration will not be confirmed until payment is received and may be NON-PROFIT, GOVERNMENT, ACADEMIA: Call for more subject to cancellation. other exciting and information-packed information. For IQPC’s Cancellation, Postponement and Substitution Policy, conferences are being offered by the please visit PAYMENT INFORMATION: International Quality and Productivity Center! To Details for making payment via EFT or wire transfer: Special Dietary Needs: If you have a dietary restriction, please contact find out more about upcoming Legal IQ events, A $99 processing charge will be assessed to all Dhaval Thakur at 1-416-597-4754 to discuss your specific needs. registrations not accompanied by credit card payment at contact Dhaval Thakur At (416) 597-4754 or ©2009 IQPC. All Rights Reserved. The format, design, content and the time of registration via email at arrangement of this brochure constitute a trademark of IQPC. MAKE CHECKS PAYABLE IN U.S. DOLLARS TO: IQPC Unauthorized reproduction will be actionable under the Lanham Act and common law principles. Register today! Call Dhaval: 416.597.4754 or e-mail: 5
  6. 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 + Dinner Workshop ❑ Dinner Workshop Only ❑ Conference 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 Call: +1-416-597-4754 ❑ Check enclosed for $_________ (Payable to IQPC) 2 Email: ❑ Charge my __Amex __Visa __Mastercard __Diners Club 3 Fax: +1-416-598-7934 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. 16938.002/D/KV Register with Dhaval Thakur SAVE $400 CLE CREDITS AVAILABLE 1-416-597-4754 Forum on Hear From: Defending the Delivery Team: Galloway, Lucchese, Everson & Pich Sutter, O’Connell & Farchine Obstetric Gair, Gair, Conason, Steigman & Mackauf Stanford University Medical School Bruce G. Fagel & Associates Malpractice San Francisco General Hospital USCF Medical School and TM Medical Center Bonne Bridges Law Office of Marshall Silberberg Bostwick, Peterson & Mitchell Lessons Learned in the Defense of Schuering Zimmerman Scully Tweedy & Doyle Perinatal Brain Injury Cases Susan E. Loggans & Associates P.C. April 28-29, 2009 Fonda & Fraser LLP Women’s College Hospital, Toronto San Francisco, CA The Children’s Hospital of Pennsylvania