Day 1 - Thursday, October 27, 2016

7:15
Registration and Continental Breakfast
7:55
Co-Chairs’ Welcome Remarks
8:00
Electronic Medical Records, Metadata, Audit Trails and More: Tackling the Unique Malpractice Risks and E-Discovery Challenges of Today’s Paperless World
9:30
Morning Break
9:40
Fighting the Latest Cyber Threats to the Healthcare Industry:
11:15
Mitigating Exposure to Rising Healthcare Batch Claims, and Defending Against Batch Claims Once They Are Brought
12:25
Networking Lunch for Attendees and Speakers
1:25
Calculating Damages in Med Mal Cases, Catastrophic Injury & Life Planning Considerations and Using the ACA to Mitigate Future Damages: Hear from a Top Plaintiff & Defense ACA Attorney, a Life Care Planner and an Economist on this Hot Button Issue
2:50
Hospital Borne Illnesses & Infectious Diseases: What Hospitals Can Do to Mitigate Risks and Avoid Legal Implications
4:00
Afternoon Break
4:10
Hospital Worker Misclassification Issues and Ostensible Agency in Medical Malpractice – What Are the Risks?
5:05
Does Saying Sorry Work?: An Industry Discussion of Disclosure and Apology Laws and Their Impact on Medical Malpractice
6:30
Conference Adjourns to Day Two

Day 2 - Friday, October 28, 2016

7:30
Continental Breakfast
8:00
Telemedicine, 3D Printing, Robotic Surgery & Other Medical Device Developments – Mitigating Emerging Exposures & How to Assess These Growing Healthcare Technologies from an Enterprise Risk Management Perspective
9:20
Hot Topics in Obstetrics: Looking at 2016’s Biggest Claims Trends, New & Emerging Risks and What to Expect in the Year Ahead
10:30
Morning Coffee Break
10:40
New Claims Trends Related to the U.S. Pain Crisis: Taking a Look at the Recent Prescription Opioid Abuse Epidemic and Its Impact on a New Wave of Med Mal Insurance Claims
11:50
A to Z of Litigating Your Medical Malpractice Case: An Examination of Each Stage Including Trial Techniques, Lining Up the Right Experts, Using Technology in Trial Presentations, and Beyond
1:05
Main Conference Ends – Lunch for Master Class Participants

Brain Injury Litigation 2.0 A Panel of Medical Experts Share Cutting Edge Insights on the Latest Brain Injury Litigation Trends, New Theories of Liability, Emerging Defenses, Evolving Standards of Care and Beyond

Oct 28, 2016 2:00pm - 5:00pm

Speakers

Michael G. Ross MD, MPH
Chairman, Dept. of Ob/Gyn
Harbor-UCLA Medical Center

Joseph Wu MD
Associate Professor of Psychiatry
Brain Imaging Center

David E. Ross MD
Director
Virginia Institute of Neuropsychiatry

Jenna Wright Greenman
Principal
Kitch, Drutchas Wagner Valitutti & Sherbrook, P.C.

Day 1 - Thursday, October 27, 2016

7:15
Registration and Continental Breakfast
7:55
Co-Chairs’ Welcome Remarks

Lori Semlies

Wilson Elser Moskowitz Edelman & Dicker LLP

Richard T. Henderson
Vice President
Transatlantic Reinsurance Company

8:00
Electronic Medical Records, Metadata, Audit Trails and More: Tackling the Unique Malpractice Risks and E-Discovery Challenges of Today’s Paperless World

Harry F. Farb M.D.
Obstetrician and Maternal Fetal Medicine Specialist
Maternal Fetal Medicine Network

Kasie Leigh Cousino
Director of Claims
HealthCap Risk Management & Insurance

Joshua R. Cohen
Senior Partner
DeCorato Cohen Sheehan & Federico LLP

Scott A. Wandstrat

Arnall Golden Gregory LLP

Susan Purcell Montiel
Administrative Director, Corporate Compliance and Legal Services and Corporate Compliance Officer
Southwestern Vermont Medical Center

  • A discussion of the new and increasing malpractice risks associated with EMR today
  • Examining med mal claims trends related to EMR over the last year
  • The issues EMR can present with regard to the standard of care (e.g. lack of training; EMR contributing to breakdown of communication between physician and patient)
  • Training users of EMR systems and the associated risks
  • Providing assurance of the integrity of the electronic record and associated raw data
  • Risks associated with cloning records and the retroactive manipulation of electronic records
  • EMR in the litigation/trial stage: how metadata and audit trails can be used in the course of a claim/lawsuit and tips and strategies for overcoming e-discovery challenges
    • Preserving e-discovery when you know there’s an action
    • Plaintiffs asking for the entire EMR; metadata and/or audit trails
    • Being adequately prepared to respond to plaintiffs’ EMR requests
    • Challenges of EMRs not intended for print
    • Challenges with introducing EMR into evidence

9:30
Morning Break
9:40
Fighting the Latest Cyber Threats to the Healthcare Industry:

Steve Kinion
Director, Bureau of Captive and Financial Insurance Products
Delaware Dept. of Insurance

George Breen

Epstein Becker & Green, P.C.

Richard C. Bray
Executive Vice President Trean Corporation
Member/Technical Advisor – Cloud Cover

David Lewison
SVP | Financial Services National Practice Leader
AmWINS Brokerage Group

Esther Chavez
Assistant Attorney General Deputy Chief – Consumer Protection and Public Health Division
Office of Texas Attorney General

Matthew F. Fitzsimmons
Assistant Attorney General
Connecticut Attorney General’s Office

Prashanth Mekala
Supervisory Special Agent, NY Field Office, Cyber Div.
FBI

  • Update on the latest cyber and privacy threats being faced by the medical community
  • Risk management practices for healthcare providers to protect against privacy and data security exposures
  • The very recent wave of “Ransomware Attacks” – mitigating the risks and exposures; and best practices for once you’ve been hacked
  • Assessing and fighting the latest risks associated with:
    • Rogue employees
    • Simple negligence
    • Not encrypting sensitive data
    • Outsourcing information technology
    • Doctor/patient communication of medical info via electronic devices
  • Avoiding data breaches with better vendor contracts
  • The growing concern of cybersecurity threats to medical devices: what trends are being seen? what can be done to mitigate risk?
  • You have a breach – now what?
  • The latest developments in cyber insurance coverage – knowing what types of coverage are available, and assessing what you might need

​PHI Data Breaches, the Recent Alarming Wave of “Ransomware Attacks,” Growing Cybersecurity Threats to Medical Devices and Beyond – Risk Management Practices and Developments in Cyber Insurance for Medical Professionals

11:15
Mitigating Exposure to Rising Healthcare Batch Claims, and Defending Against Batch Claims Once They Are Brought

Richard T. Henderson
Vice President
Transatlantic Reinsurance Company

Stephanie A. Sheps
Director, Claims
Coverys

Steven Chang
Specialty Lines
Beazley Group

Michael P. Bruyere

Freeman Mathis & Gary, LLP

  • An industry discussion of how batch claims / batch events are increasing in size and frequency in the new world of healthcare
  • The types of risks that are contributing to healthcare organization and facility batch claims
  • Recent developments in the healthcare industry that are leading to more and bigger batch claims (e.g. market consolidation, healthcare reform)
  • Types of batch claims and the legal theories used to support them
    • Medical Necessity / Unnecessary Procedures (e.g. cardiac stents,
      chemotherapy, back surgery, etc.)
    • Sexual Abuse / Misconduct
    • Employee Supervision / Improper Credentialing (e.g. angel of death cases, treatment provider/practitioner drug addiction-related offenses)
    • Equipment Failure / Infections (e.g. improper sanitation/sterilization, “alarm fatigue,” food poisoning, malfunction of equipment)
  • The new frontier of batch claims – financial batch claims: batch claim exposure based on allegations of financial misconduct and broad scale operation or system failure
  • Relevant batch claim cases – theories of liability (direct corporate negligence; vicarious liability)
  • Strategies for managing and defending batch claims once they are brought
  • Risk management strategies to mitigate rising exposures to batch claims going forward

12:25
Networking Lunch for Attendees and Speakers
1:25
Calculating Damages in Med Mal Cases, Catastrophic Injury & Life Planning Considerations and Using the ACA to Mitigate Future Damages: Hear from a Top Plaintiff & Defense ACA Attorney, a Life Care Planner and an Economist on this Hot Button Issue

Michael F. Barrett

Saltz Mongeluzzi Barrett & Bendesky, P.C.

Thomas Geroulo
Partner
Weber Gallagher Simpson Stapleton Fires & Newby LLP

Robert P. Tremp Jr., MA, CRC, CLCP, LAC
Certified Life Care Planner
Deutsch, Tremp & Tremp, LLC

Chad L. Staller JD, MBA, MAC, CVA
President, Senior Economist
The Center for Forensic Economic Studies

Moderator:

Norris Cunningham
Chair, Litigation Practice Group
Hall Render Killian Heath & Lyman, PC (Indianapolis, IN)

  • Calculating damages in med mal and catastrophic injury cases
    • Types of damages recoverable
    • Dealing with caps on non-economic damages
    • Dealing with the collateral source rule
  • Catastrophic injuries that require a lifetime of medical care:
    • Calculating future medical bills
    • Using a special expert witness (economist, certified life care planner)
    • Plaintiff vs. defense perspectives on using a life care planner
  • Effect of state tort reform on damages
  • The rise in defense efforts to use the ACA to mitigate future damages
  • What arguments are defense attorneys making that are succeeding in lowering/limiting plaintiffs’ damages for future medical care?
  • What arguments are plaintiff attorneys making in response?
  • How are counsel determining which cases, when and how to make these arguments?
  • What the ACA means for life care plans
  • How are different states treating defense evidence relating to the ACA in med mal and catastrophic injury cases?
  • How is the ACA being used as a tool during settlement negotiations?
  • Relevant cases since the rollout of the ACA

2:50
Hospital Borne Illnesses & Infectious Diseases: What Hospitals Can Do to Mitigate Risks and Avoid Legal Implications

Tara Ramanathan
Public Health Analyst
Centers for Disease Control and Prevention (CDC)

Michael Sullivan
Senior Vice President, General Counsel
Pulte Financial Services, LLC

Elliott Goodman MD
Bariatric Surgeon
Beth Israel Medical Center

  • Addressing the alarming CDC statistic that as many as 1 in 20 hospitalized patients will pick up an infection in the course of medical treatment
  • What claims trends are being seen in relation to hospital borne illnesses & infectious diseases?
  • Exploring the various risk factors associated with hospital borne infections/illnesses:
    • The use of indwelling medical devices, such as bloodstream, endotracheal, and/or urinary catheters
    • Surgical procedures
    • Hypodermic injections
    • Contamination of the healthcare environment
    • Improper use of antibiotics
    • Beyond
  • Expert insights from a hospital risk management specialist and an infectious disease specialist on how to avoid/protect against hospital borne illnesses
  • The legal theories applied in these cases and strategies for litigation and defense

4:00
Afternoon Break
4:10
Hospital Worker Misclassification Issues and Ostensible Agency in Medical Malpractice – What Are the Risks?

Lori Semlies

Wilson Elser Moskowitz Edelman & Dicker LLP

Cathleen Kelly Rebar
Partner
Stewart Bernstiel Rebar Smith

Douglas Shaw
Claims Attorney
Western Litigation, Inc.

  • Examining the problem of hospital susceptibility to worker misclassification issues – why are hospitals particularly at risk for misclassifying employees and independent contractors?
  • What are the potential risks associated with hospital misclassification of their workforce?
    • Class & collective action lawsuits
    • Steep penalties
    • Monetary damages
    • Retroactive tax liability
    • Increased exposure to employment liability claims
  • Federal and state agencies increasing enforcement efforts to reduce the incidence of employee/independent contractor misclassification
  • Checklist for avoiding misclassification of physician staff
  • Conducting self-audits of workforce to avoid misclassification
  • The latest DOL guidance
  • The latest case law regarding when a physician is an ostensible agent of a hospital – under what circumstances are courts finding enough
    to absolve the hospital of agency liability?
  • Ostensible agency vs. vicarious agency in creating liability in third-party claims
  • Best practices when facing a DOL investigation or lawsuit based on
    misclassification
  • How to best establish a defense against claims that an independent contractor is an employee

5:05
Does Saying Sorry Work?: An Industry Discussion of Disclosure and Apology Laws and Their Impact on Medical Malpractice

Kirsten K. Ullman
Managing Partner, Tampa
Co-Chair National Healthcare Practice

Lewis Brisbois Bisgaard & Smith, LLP (Tampa, FL)

Leonard Berlin MD, FACR
Radiology Department Skokie Hospital Professor of Radiology
Rush University and U. of Ill.

Grena Porto RN, MS, ARM, CPHRM
Vice President
ESIS ProClaim

Lesli Giglio RN, MPA, CPHRM, CPPS
Director Regulatory Affairs/Risk Management Patient Safety Officer Privacy Officer
St. Francis Hospital

Edward Eden MD
Chief
Division of Pulmonary, Critical Care & Sleep Medicine Mount Sinai-St. Luke’s-Roosevelt Hospital Center

  • In states with disclosure & apology laws – statements by doctors disclosing unanticipated outcomes to patients and expressions of apology to patients and/or family are excluded from being used against medical professionals in court – what is the impact of this on medical malpractice?
  • How do disclosure and apology programs work?
  • Examining flaws and shortcomings in state “apology” and “disclosure” laws
  • Do these laws have the actual effect of discouraging comprehensive disclosures and apologies, and weakening the laws’ impact on med mal suits?
  • What are some barriers to adopting such policies?
  • Do liability insurers accept full disclosure protocols?
  • Addressing the difficulties of managing patients’ expectations and perceptions when communicating openly and honestly with them
  • Given the costs associated with disclosing errors (and in some cases offering compensation for unanticipated outcomes), how do these programs affect service providers’ finances?
  • What effects does the ACA have on these laws?
  • What effect do these disclosure & apology laws have on future settlement negotiations?
  • Does this in fact decrease indemnity and expenses?
  • How to best handle these disclosures & apologies, particularly in catastrophic injury cases (what to say, how to say it, etc.)

6:30
Conference Adjourns to Day Two

Day 2 - Friday, October 28, 2016

7:30
Continental Breakfast
8:00
Telemedicine, 3D Printing, Robotic Surgery & Other Medical Device Developments – Mitigating Emerging Exposures & How to Assess These Growing Healthcare Technologies from an Enterprise Risk Management Perspective

Victoria L. Vance
Chair of Healthcare Practice Group
Tucker Ellis LLP

Michael J. Sacopulos

Sacopulos Johnson & Sacopulos

Tatum O’Sullivan
Ambulatory Risk & Patient Safety Manager
North Shore Physicians Group

Mike Midgley RN, JD, MPH, CPHRM, FASHRM
Vice President Healthcare Risk Engineering
Swiss Re Insurance

Martin S. Kohn MD, MS, FACEP, FACPE
Chief Medical Scientist
Sentrian - Remote Patient Intelligence

  • Exploring the latest technological advances in telemedicine, 3D printing, robotic surgery and beyond
  • Assessing the emerging risks, exposures and potentials for new claim development
    • Equipment failures / breakdowns
    • Security & privacy breaches
    • Credentialing and licensing issues
    • Informed consent management
    • And much more
  • Assessing these emerging healthcare technologies from an Enterprise Risk Management (ERM) perspective
  • Comparing different state legislation on these new technologies in healthcare
  • How are insurers dealing with these new risks?
  • Tips for underwriters in evaluating the risk of these developing technologies

9:20
Hot Topics in Obstetrics: Looking at 2016’s Biggest Claims Trends, New & Emerging Risks and What to Expect in the Year Ahead

Andrew S. Kaufman

Kaufman Borgeest & Ryan LLP

Michael G. Ross MD, MPH
Chairman, Dept. of Ob/Gyn
Harbor-UCLA Medical Center

Paul Greve

Willis Towers Watson

This session will offer an in-depth examination of the year’s hottest topics and med mal claims trends in the areas of obstetrics as well as hat to expect in the year ahead. Discussions will include the latest on pattern cases, recommendations for updating strategies in response to recent claims and pivotal cases, and how to coordinate defense efforts when faced with litigation. Experts will provide you with insight on where the trends are headed and the potential risks involved.

10:30
Morning Coffee Break
10:40
New Claims Trends Related to the U.S. Pain Crisis: Taking a Look at the Recent Prescription Opioid Abuse Epidemic and Its Impact on a New Wave of Med Mal Insurance Claims

Jennifer L. Green JD
Senior Claims Analyst - Major Loss
AIG

Keri Marmorek
Specialty Lines
Beazley USA

Michael D. Anderson
Senior Claims Examiner and Risk Specialist Medical Insurance Exchange of California
Medical Underwriters of California

Michael Wong
Founder/Executive Director
Physician-Patient Alliance for Health & Safety

  • Recent trends in med mal claims resulting from large-scale prescription opioid abuse
  • Examining recent studies in pharma manipulation of dosing guidelines
  • Associated risks of prescription opioid use by elderly patients
  • Issues with opioid prescribing by multiple providers in Medicare and its impact on insurance claims
  • Correlation between large-scale prescription pain drug use and other related medical conditions; impact on claim trends
  • Children born to addicted mothers suing later for related conditions
  • Claims based on failure to properly screen for drug seeking behavior (not just against PCPs but OBGYNs and other service providers)
  • Legalization of Medical Marijuana issues
  • Claims trends and exposure risks associated with addiction treatment facilities

11:50
A to Z of Litigating Your Medical Malpractice Case: An Examination of Each Stage Including Trial Techniques, Lining Up the Right Experts, Using Technology in Trial Presentations, and Beyond

Tammy L. Wade

Johnson & Bell, Ltd.

Johnny Wade

Brunini, Grantham, Grower & Hewes, PLLC

Roger Harris

Swift, Currie, McGhee & Hiers, LLP

Ryan J. Gavin

Kamykowski, Gavin & Smith, P.C.

Kelly Henderson
Vice President & Deputy General Counsel Legal and Risk Services Department
Allina Health

  • Investigating the facts concerning liability, causation, and damages: what is relevant?
  • Ensuring that your client is prepared for trial
  • Lining up the right experts to reduce economic damages (e.g. life planner, life expectancy experts, etc.)
  • Trial briefs and motions in limine
  • Overcoming the challenges of representing the institutional client
  • Giving an effective opening statement
  • Effective use of exhibits
  • Effectively using modern technology and/or electronics in trial preparations (e.g. presenting x-rays and records using iPads)
  • Final arguments and closing statements
  • Making the case for or against damages

1:05
Main Conference Ends – Lunch for Master Class Participants

Brain Injury Litigation 2.0 A Panel of Medical Experts Share Cutting Edge Insights on the Latest Brain Injury Litigation Trends, New Theories of Liability, Emerging Defenses, Evolving Standards of Care and Beyond

Oct 28, 2016 2:00pm - 5:00pm

$400

Speakers

Michael G. Ross MD, MPH
Chairman, Dept. of Ob/Gyn
Harbor-UCLA Medical Center

Joseph Wu MD
Associate Professor of Psychiatry
Brain Imaging Center

David E. Ross MD
Director
Virginia Institute of Neuropsychiatry

Jenna Wright Greenman
Principal
Kitch, Drutchas Wagner Valitutti & Sherbrook, P.C.

What is it about?

(2 p.m. – 5 p.m.)
(SEPARATE REGISTRATION REQUIRED)

Attendees of this expert master class will gain instrumental information on:

  • The latest information on diagnosing, evaluating, and presenting brain injury cases
  • Expert insights on understanding rehabilitation, diagnostic tests, and the complexities of brain injuries on a case by case basis
  • Litigation trends and theories of liability
  • Tips and strategies for pursuing and challenging a brain injury defense in today’s courtroom