American Conference Institute’s 13th Annual Advanced Forum on
OBSTETRIC
MALPRACTICE CLAIMS
June 25-26, 2014 | The Union League | Philadelphia, PA
Earn CLE ETHICS
Credits
Sessions include:
• New trends in shoulder dystocia cases and the expulsion defense, and hypothermia treatment for newborns suffering from acute hypoxic encephalopathy
• The use and limitations of placental pathology in untoward pregnancy outcome • “The new tort reform”: Early recognition of injury, disclosure, investigation, settlement
negotiations and ADR
• The use of Oxytocin, hyperstimulation and oxygen deprivation
• Determining when an injury occurred: Infections, metabolic disorders, labor & delivery, genetic defects and beyond
• Affordable Care Act nuances and the collateral source rule
• Electronic records and audit trails, and preparing and presenting your witness for deposition • Proven jury selection and communication methods, and harnessing social media when gearing
up for trial Joseph S. Picchi
Partner
Galloway, Lucchese, Everson & Picchi
Norman D. Tucker
Of Counsel Sommers Schwartz
Learn from and network with:
John S. Moore CNA Richard T. Henderson Transatlantic Reinsurance Cheryl M. DeKleine Coverys
Robert Shavelle, PhD, FAACPDM
Life Expectancy Project
Brian S. Kern
Bollinger Insurance Services
Molly L. Farrell
MGIS Underwriting Managers, Inc.
Crystal Strader, AIC, CPHRM
Mount Carmel Health System
Keith Rospond
MHA Insurance Company
Kenneth Appleby
ProMac Specialty Insurance
Michael D. Anderson
Medical Insurance Exchange of California
Distinguished Co-Chairs:
David A. Clark, MD Albany Medical College Robert H. Allen, PhD, PE Johns Hopkins University Michael G. Ross, MD, MPH Harbor-UCLA Medical Center Robert H. Debbs, DO, FACOOG, Dist. University of Pennsylvania
John Rodis, MD St. Francis Hospital Theonia K. Boyd, M.D. Boston Children’s Hospital Harvard University Harry F. Farb, M.D.
Obstetrician and Maternal Fetal Medicine
Hon. Lorenzo F. Garcia U.S. Dist. Ct., D.N.M. Hon. Alan C. Torgerson U.S. Dist. Ct., D.N.M. Hon. Jeanne E. Scott (ret.) U.S. Dist. Ct., C.D. Ill. Hon. Robert B. Collings U.S. Dist. Ct., D. Mass.
Hon. Sandra Mazer Moss Philadelphia Ct. C.P. Hon. Lisa M. Rau Philadelphia Ct. C.P. Hon. John M. Younge Philadelphia Ct. C.P.
Featuring unparalleled medical insights from:
New twists on obstetric malpractice claims are here and it’s more critical than ever to
stay on
top of all the current
theories and prepare a sophisticated litigation strategy when defending and managing claims.
ACI’s 13th National Forum on Obstetric Malpractice Claims
is the only event where law, science, and medicine
intersect and that provides practitioners with clarity and certainty with respect to the industry’s most pressing issues.
No other event allows for unparalleled learning and networking with the nation’s leading hospitals and insurers, top
outside counsel, and renowned doctors and jurists.
Register today
to ensure your place by calling
888-224-2480
, faxing your registration form to
877-927-1563
or
registering online at
www.AmericanConference.com/ObMal
WHO SHOULD ATTEND
� Lawyers, both plaintiff and defense, who litigate medical malpractice cases attend in order to get a solid grounding on the latest medical issues upon which cases are based. Our faculty of medical and legal experts from around the nation will provide you with the information and strategies that are essential to achieve the best outcomes for your clients
� Doctors, nurses and hospital risk/quality assurance managers attend in order to benchmark their current practices and procedures and develop a deeper understanding of the current state of obstetric malpractice litigation � Insurance professionals attend in order to obtain valuable insights and strategies for assessing professional
negligence claims and to better understand litigation strategies and hospital risk management techniques
Now in its 13th installment, ACI’s lauded Obstetric Malpractice Claims is the highest level
event that provides maximum opportunities to learn from and network with leading medical
experts, risk managers and insurance professionals, and helps you keep pace with the hot
jurisdictions, case law, new and emerging claims and parties, and advancements in science.
Day One: Wednesday, June 25, 2014
7:15
Registration and Continental Breakfast
8:00
Co-Chairs’ Opening Remarks
Joseph S. Picchi Partner
Galloway, Lucchese, Everson & Picchi Norman D. Tucker
Of Counsel Sommers Schwartz
8:05
In-House Claims and Risk Management
Professionals Speak Out on Obstetric Malpractice
Financial & Legal Decisions, Evaluation and
Settlement of Cases, Insurance Coverage, and More
John S. Moore
Director- Specialty Strategic Claims CNA Richard T. Henderson Vice President Transatlantic Reinsurance Cheryl M. DeKleine Director, Claims Coverys
Robert Shavelle, PhD, FAACPDM Technical Director
Life Expectancy Project Brian S. Kern
Area Executive Vice President Bollinger Insurance Services Molly L. Farrell
Vice President, Operations
MGIS Underwriting Managers, Inc. Keith Rospond
Director of Claims
MHA Insurance Company Kenneth Appleby
Director Healthcare Insurance Services ProMac Specialty Insurance
Michael D. Anderson
Senior Claims Representative
Medical Insurance Exchange of California Moderator
Joseph S. Picchi Partner
Galloway, Lucchese, Everson & Picchi
9:40
Networking and Refreshment Break
9:50
New Trends in Shoulder Dystocia Cases
and the Expulsion Defense
Robert H. Allen, PhD, PE Associate Research Professor Biomedical Engineering Gynecology & Obstetrics Johns Hopkins University Michael G. Ross, MD, MPH Chairman, Dept. of Ob/Gyn Harbor-UCLA Medical Center Robert H. Debbs, DO, FACOOG, Dist. Director, Pennsylvania Hospital Maternal Fetal Medicine Network University of Pennsylvania James Horwitz
Managing Partner
Koskoff Koskoff & Bieder, PC
• The Expulsion Defense: the impact on juror’s perception of defense credibility & verdicts
• Daubert and Davis-Frye Motions in shoulder cases • Muhammad v. Fitzpatrick and expulsion forces
• Understanding the key risk factors for shoulder dystocia, how their managed, and the delivery note
• Medical literature on expulsion forces as a cause of injury
12:25
Networking Luncheon for Speakers and Attendees
1:25
New Trends in Hypothermia Treatment for
Newborns Suffering from Acute Hypoxic
Encephalopathy
Norman D. Tucker Of Counsel Sommers Schwartz
• Update on protocols and proving Hypoxic Ischemic Encephalopathy (HIE)
• Update on the clinical trial results concerning the use of thermal blankets and caps
• Induced hypothermia in severe bacterial meningitis • Treatment’s effect on motor function and intellectual utility • Manifestation of injury
1:55
“The New Tort Reform”: Early Recognition of
Injury, Disclosure, Investigation, Settlement
Negotiations and ADR
Crystal Strader, AIC, CPHRM
System Director Patient Safety & Risk Management Mount Carmel Health System
Daryl J. Douglas Of Counsel
• “The New Tort Reform” – the philosophy, economic forces, results driving the new claims approach, and ACOG’s position
• Determining whether to settle or defend a claim and the claims evaluation process
• “Bed side manner” – contacting injured patients and families, and recommending they contact an attorney • Meeting with claimants and counsel to establish willingness
to cooperate
• Voluntary exchange of pre-suit discovery and the “new attitude” required
• When, which cases, why, and how one should pursue pre-suit settlement
2:45
Preparing and Presenting Your Witnesses:
A Focus on Medical Experts and Depositions
Luke M. Pittoni Senior Partner
Heidell, Pittoni, Murphy & Bach, LLP Andrew S. Kaufman
Partner
Kaufman Borgeest & Ryan LLP Joseph S. Picchi
Partner
Galloway, Lucchese, Everson & Picchi John A. Scully
Partner
Cooper & Scully, P.C.
• Ensuring that the witness is adequately prepared for deposition
• Anticipating where a deposition is heading • Key considerations for video depositions • Pitfalls to avoid
• How minor physical and verbal cues can have a major effect on the impact of a deposition
• Watching videotaped depositions to improve your ability to conduct or participate in a deposition
• Incorporating the lessons learned into future depositions
4:00
Afternoon Break
4:10
Jury Selection and Communication:
Current Voir Dire Strategies and Factoring
in the Reptile Theory
Eric J. Stockman Principal
Neubert, Pepe & Monteith, P.C William F. Cunningham
Partner
Cunningham Meyer & Vedrine, P.C.
Jury Selection
• Applying the lessons learned from jury focus groups to your jury selection process
• Making use of critical insights provided by jury consultants to obtain a more favorable jury
Using Demonstrative Evidence and Themes
• Conveying your message and effectively explaining complex theories to jurors
• Using aids to explain data, provide accurate representations, and debunk opposing theories
• Using a clear and concise presentation which conveys credibility while staying within legal limits
Narrating a Comprehensive Story
• Using themes to explain the details to the jury • Simplifying the critical issues to the jury • Demystifying complicated technical issues • Persuasively detailing what is a reasonable risk The Reptile Theory: How to Counteract It • Overcoming sympathy for injured plaintiffs • Overcoming juror bias against doctors
- intolerance of virtually any risk of harm
- the assumption that given advancements in medical technology, any death or serious injury means that there must have been some form of obstetric malpractice - explaining hard evidence in a way that lay people can
internalize
- minimizing juror anxiety about injuries to baby and mother
5:00
Electronic Records and Audit Trails: The Benefits
and Dangers of a Paperless System
Joshua R. Cohen Partner
DeCorato Cohen Sheehan & Federico LLP Kimberly Longford
Attorney
Pessin Katz Law, P.A. Joe Pickard
Managing Partner Sweet Law Firm
• Providing assurance of the integrity of the electronic record and the associated raw data
• How to train users and the risks involved • Form v. narrative notes
• The use of electronic medical records in documenting labor and delivery and how that impacts the defensibility and expert opinion of the case
• Cloning records and the retroactive manipulation of electronic records
• Implementing enhanced documentation tools to capture relevant information in the electronic record
Day Two: Thursday, June 26, 2014
7:30
Continental Breakfast
8:00
View From the Bench: Renowned Federal and
State Judges Will Tell You What Works and
What Doesn’t in Their Courtrooms, Why Parties
Succeed and Don’t Succeed in Med Mal Cases,
Novel Trial and Case Management Strategies,
Examples of Bad Lawyering, and More
Hon. Lorenzo F. Garcia U.S. Dist. Ct., D. N.M. Hon. Alan C. Torgerson U.S. Dist. Ct., D.N.M. Hon. Jeanne E. Scott (ret.) U.S. Dist. Ct., C.D. Ill. Hon. Robert B. Collings U.S. Dist. Ct., D. Mass. Hon. Sandra Mazer Moss
Philadelphia Ct. of Common Pleas Hon. Lisa M. Rau
Philadelphia Ct. of Common Pleas Hon. John M. Younge
Philadelphia Ct. of Common Pleas Moderator:
Adam Davis Attorney
Reminger Co., L.P.A.
9:40
Morning Break
9:50
Affordable Care Act Issues and the Collateral
Source Rule: The Future of Future Care
Caryn L. Lilling Principal
Mauro Lilling Naparty LLP Thomas R. Shimmel
Principal
Kitch, Drutchas, Wagner, Valitutti & Sherbrook, P.C. • Obamacare and life care planning: compensability and cost
of future care in light of medical reform
• Effective motion practice to reign in the future claimed damages when certain components are required to be paid • Damages: the effect of Obamacare on catastrophic damages • Insurance that doesn’t adjust the premium for preexisting
conditions and the denial of coverage for future special needs
• The surge of applicants entering an already stressed system as a result of Obamacare
10:40
Trial and Jury Strategy: Harnessing the Power
of Social Media to Your Advantage When Gearing
Up For an Obstetric Malpractice Trial
John E. Hall, Jr. Partner
Hall Booth Smith, P.C. Adam Davis
Attorney
Reminger Co., L.P.A.
The Discoverability of the Plaintiff’s Presence in Social Media • How to utilize information posted on social media sites • The use of injury related posts authored by and about the
plaintiff
• The effect of social media in selecting a jury
• How the Plaintiff’s bar is using public information online
11:30
Minimizing Exposure to Obstetric Malpractice
Litigation: Implementing Preventive Measures,
Reducing Risk and Managing Adverse Outcomes
John Rodis, MD Chairman
Department of OB/GYN St. Francis Hospital
• Identifying key drivers of risk
• Enhancing incident management practices
• Utilizing a systematic approach to process improvement • Developing protocols to enable calm and coordinated team
responses in critical situations and reinforce the use of safe practices
• Developing a culture of safety
• Initiating timely communication with patients and families following an adverse incident
• Implementing a joint professional liability program • Achieving measurable results
12:20
Networking Luncheon for Speakers and Attendees
1:20
Determining When an Injury Occurred:
Infections, Metabolic Disorders, Labor &
Delivery and Genetic Defects
David A. Clark, MD Chair, Dept. of Pediatrics Albany Medical College Harry F. Farb, M.D.
Obstetrician and Maternal Fetal Medicine Specialist • Pediatric Neurology: determining when the injury occurred • The impact of intrauterine infections and genetic disorders
on the placenta and fetus
• Assessing the role of cytokines in the development of long-term neurological defects
Earn CLE ETHICS
• Ascertaining if cytokines were created by HIE injury or infection
• Detecting signs or symptoms of infection prior to delivery • Infection as a causal element of cerebral palsy
• Assessing new and emerging research concerning genetics, gestational diabetes, cerebral palsy and autism
3:00
The Use and Limitations of Placental Pathology
in Untoward Pregnancy Outcome
Theonia K. Boyd, MD Department of Pathology Boston Children’s Hospital Associate Professor of Pathology Harvard Medical School
• Use: Assessing mechanisms of intrauterine stress and their timing
• Limitation: Timing intrauterine stress is not equivalent to injury
• General principles
- Markers of intrauterine stress: meconium and nucleated red blood cells
- The more extensive the features, the longer/more severe the stressor
- The extent of these findings can be correlated with their timing
- Placental pathology commonly seen in untoward pregnancy - Often non-acute mechanisms
- Often multiple co-existent pathologies
- The more extensive/severe the findings, the greater the risk of untoward outcome
3:50
Afternoon Break
4:00
Litigation and Trial Techniques for Every Stage
of an Obstetric Malpractice Case
Luke M. Pittoni Senior Partner
Heidell, Pittoni, Murphy & Bach, LLP Joshua Cohen
Partner
DeCorato Cohen Sheehan & Federico LLP Laurence Deutsch
Partner
North & Deutsch LLP
Obstetric malpractice cases are extremely difficult to litigate. In order to effectively examine and cross-examine the expert witnesses retained in these cases, you must understand the
technical details and medical jargon that are inherent in this field of medicine. Moreover, you must master the trial techniques and strategies that are specific to obstetric malpractice cases. This concluding session of the conference will provide you with the tools that you need to obtain the best results for your clients in these difficult cases.
Topics to be addressed include:
• Investigating the facts concerning liability, causation and damages: what is relevant?
• Formulating a document and e discovery plan that defends against overly aggressive requests while ensuring compliance • Developing cost-effective, compliant, and practical
e-discovery and document retention policies and procedures • The scope of information that defendant hospitals and
medical professionals must turn over to plaintiffs’ attorneys • E-discovery as it applies to:
o Communication with patients through email and texting; databases; medical records
• Ensuring preservation of relevant documents o How long must information be preserved?
• Risks and sanctions that attorneys face if the e-discovery process is not handled properly
• Confidentiality and privacy issues that arise with patient information
• Using metadata to establish relevant dates and times • Ensuring that litigation is not driven by the cost of
discovery
• Ensuring that your client is prepared for trial • Trial briefs and motions in limine
• Overcoming the challenges of representing the institutional client
• Jury selection
• Giving an effective opening statement • Effective use of exhibits
• Final arguments and closing statement • Making the case for or against damages
o What types of damages and how much? o Damages experts
• Settlement considerations – strategies for success
5:00
Conference Ends
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Payment must be received in full by the conference date. All discounts will be applied to the Conference Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to individuals employed by the same organization.
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You must notify us by email at least 48 hrs in advance if you wish to send a substitute participant. Delegates may not “share” a pass between multiple attendees without prior authorization. If you are unable to find a substitute, please notify American Conference Institute (ACI) in writing up to 10 days prior to the conference date and a credit voucher valid for 1 year will be issued to you for the full amount paid, redeemable against any other ACI conference. If you prefer, you may request a refund of fees paid less a 25% service charge. No credits or refunds will be given for cancellations received after 10 days prior to the conference date. ACI reserves the right to cancel any conference it deems necessary and will not be responsible for airfare‚ hotel or other costs incurred by registrants. No liability is assumed by ACI for changes in program date‚ content‚ speakers‚ or venue.
Hotel Information
American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the hotel directly and mention the “ACI Obstetric Malpractice” conference to receive this rate. Venue: The Union League of Philadelphia
Address: 140 South Broad Street, Philadelphia, PA 19102 Reservations: 215-587-5570
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ATTENTION MAILROOM: If undeliverable to addressee, please forward to:
Chief of Obstetrics, Litigation Manager, Medical Malpractice Lawyer
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American Conference Institute’s 13th Annual Advanced Forum on
OBSTETRIC
MALPRACTICE CLAIMS
June 25-26, 2014 | The Union League | Philadelphia, PA
Hear from leading physicians, risk managers, insurance professionals, judges, as well as top plaintiffs’ attorneys and defense counsel.
Network with leaders from: CNA
Transatlantic Reinsurance Coverys
Life Expectancy Project Bollinger Insurance Services MGIS Underwriting Managers, Inc. MHA Insurance Company
ProMac Specialty Insurance
Medical Insurance Exchange of California Mount Carmel Health System