9.10– 9.30 Registration & refreshments
9.30– 9.40 Chairpersons opening address ~ HHJ Graham Wood QC
9.40 – 10.15 Expert Evidence: Avoiding perils & pitfalls ~ Rebeca Sutton
• Selecting the right expert
• Providing proper instructions
• How to deal with a change of opinion
10.15 – 11 Anatomy presumed, liability assumed? Cholecystectomy bile duct injury, can it be defended? ~ Professor Graeme Poston
• Cholecystectomy (removal of the gallbladder for symptomatic gallstones) is one of the commonest General Surgical operations in England (in excess of 70,000 per year).
• The gallbladder is attached to the bile duct which carries bile from the liver to the intestine to aid digestion.
• In ~1:200 cases the surgeon inadvertently accidentally divides/damages the bile duct frequently necessitating major reconstructive surgery and lifelong follow up because of the risk of subsequent long-term life-threatening complications
• While <50% of those who suffer tis injury actually make a claim, as yet, no claim for bile duct injury has been successfully defended in England.
11 – 11.15 Refreshment Break
11.15 – 12.30 Causation & consent ~ David Pilling
• Causation and material contribution: Is it time to clear out “the hornet’s nest”?
• Consent: “What would you have done if he had told you there was a 1 in 10,000 risk?”
• General Case Law Update
12.30– 1.15 Lunch
1.15 – 2 Medical Negligence in Llizarov Surgery ~ Simon Royston
• Concepts & applications of the Ilizarov Apparatus
• Related circular fixators
• Common features in Ilizarov negligence cases
2 – 2.45 Costs in clinical negligence cases ~ Professor Dominic Regan
The expense of investigating potential claims can be significant. Complexity can mean that some allegations fail to be established. This talk will review the key authorities relevant to costs in this area.
• The obligation to plan at the outset
• Costs after partial success
• The impact of ADR activity
• Offers to settle
• When are costs disproportionate?
2.45 – 3.30 Proposals for Reforms ~ Professor Dominic Regan
The latest on reform proposals will be considered.
• How will the Jackson fixed costs model apply to clinical negligence?
• The 2018 ADR review (which the speaker is advising upon)
• Capping compensation?
• A new discount rate
3.30 Chair summary & close
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