Medical Law in Queensland Course 2023

event information
22 March - 31 August 2023
Workshops: 10:00am - 1:00pm and Tutorials: 10:00am - 11:00am
Barry Nilsson Brisbane & Online
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    Course Details

    • Full course - 6 modules $2,250 (incl. GST)
    • Individual modules $550 each (incl. GST)
    • Group company discounts available
    • Attend all six modules, or tailor your experience

Delivered over 6 modules, BN Insurance and Health Principal, and renowned health law expert, Rob Samut will break down the complexities, challenges, and principles of health law relevant to the provision of healthcare services in Queensland, including:

  • medical negligence and best practice for defending medical negligence claims
  • health care complaints and the functions of OHO, AHPRA and the National Boards
  • consent to medical treatment
  • seeking urgent treatment orders from the court
  • assessment of damages
  • pre-litigation procedures, including an in-depth look at the Personal Injury Proceedings Act 2002
  • mental health laws
  • voluntary assisted dying
  • termination of pregnancy
  • regulation of medicines
  • open disclosure and privacy
  • coronial investigations and inquests
  • Hospital and Health Boards Act 2011
  • resolving disputes

With the choice to attend in-person or online via Microsoft Teams, the course will equip you with practical skills and theoretical knowledge that you can apply directly to your work in the healthcare system.

More Information

  • What's Included?

    • A practical focus that allows you to use in your workplace what you have learnt and “built” in the course.
    • Build your own bespoke claims management guide.
    • Full course materials and resources provided upon the conclusion of the course
    • Covering all recent changes to the law
    • Provides a solid grounding in the basic legal health law principles
    • Focuses on the legal obligations of hospitals, medical clinics and health care providers and how to respond to complaints made to the Regulator and defend medical negligence claims.
    • All modules are eligible for CPD points and certificates of attendance will be provided following the conclusion of the course.Who is the course for?
  • Who is the course for?

    • Professionals working in the area of medical negligence claims
    • Professionals working in the area of regulation and complaints made against medical professionals
    • Hospitals and other medical administration professionals
    • Insurance and medical defence organisation professionals (claims and underwriting)
    • In-house legal professionals
    • Anyone seeking a deeper understanding of the laws impacting the health sector in Queensland
  • Important Dates & Location

    This course can be attended in person or via Microsoft Teams. For those attending in person, workshops and tutorials will be held at BN’s Brisbane office – level 21, 215 Adelaide Street, Brisbane.


    (9:00am - 1:00pm)

    (10:00am -11:00)
    122 March 202330 March 2023
    219 April 202327 April 2023
    17 May 2023
    25 May 2023
    14 June 2023
    22 June 2023
    12 July 2023
    20 July 2023
    23 August 2023
    31 August 2023

  • What past participants have to say

    “I have benefited immensely from this course as it is packed with information relevant to the things that I deal with on a day to day basis. Not only has it helped me to understand the complex body of knowledge in the field of health and medical law, it has enabled me to feel much more confident in my position as a claims manager."

    – Deborah Haley, Legal Claims Manager at Townsville Hospital & Health Service

    I would highly recommend this course to my medical colleagues; those with an interest in direct clinical issues or indirect medicolegal matters. It bridged knowledge between medical and legal and is an excellent base for real world application. The content was great, and the presentation and support was first class. Thank you to Rob and the team for a great course.

    – David Spain, Deputy Director Emergency Department at Gold Coast Hospital & Health Service

  • Meet your facilitator


    Rob Samut

    Principal, Barry Nilsson

    As the head of BN’s national health law team, Rob is well placed to facilitate this unique and focused course for healthcare professionals. Alongside facilitating the Medical Law in Queensland Course, Rob established BN’s FTC series, a monthly health law discussion group exploring the latest developments, cases, and trends in healthcare in 2020 and in 2018 launched BN’s Health Forum - a half-day health sector event tackling the big issues facing modern healthcare professionals. Rob has previously facilitated the highly sought after ‘Personal Injury Claims Management Course’ and ‘The Insurance Law Program’ with ANZIIF. With more than 20 years’ experience, Rob continues to represent hospitals, doctors, allied healthcare workers and insurers, giving him the unique ability to combine the practical with the theoretical, and equip students with the relevant knowledge and tools to put into practice in their workplace.

Course Outline

  • Module 1

    Claims for Damages against Health Care Providers

    • Introduction
    • What is negligence?
    • Professional negligence and medical negligence. Are they one and the same?

    Defending Medical Negligence Claims – An Introduction

    • General principles and strategies
    • Liability - public hospitals
    • What is vicarious liability?
    • Non-Delegable duty of care
    • Liability - private hospitals

    Ethics in Medicine

    • Foundations of ethics in medicine
    • Medical ethics in Australia
    • What are the consequences of a breach of an ethical duty?

    Registration of Health Care Practitioners

    • OHO, AHPRA and the National Boards
    • Registration of health care providers
    • What obligations are placed upon registered health care providers?
    • Notifications and complaints
    • National panels
    • Panel hearings
    • Performance assessments
    • Health assessments
    • Undertakings provided by health care providers
    • When are conditions placed on a person’s registration?
    • Suspension of registration
    • Cancellation of registration
    • Students
    • Unregistered health care practitioners

    Medical Negligence

    • A claim for damages
    • A cause of action
    • Duty of care
    • Breach of duty of care
    • A medical professional’s standard of care
    • Causation
    • Contributory negligence
    • Contribution claims – multiple tortfeasors
    • Limitation periods
    • The Civil Liability Act 2003 (Qld)
    • Psychiatric harm / nervous shock claims
    • Loss of chance claims
    • Defensive medicine
  • Module 2

    Consent to Medical Treatment

    • Trespass to the person
    • A doctors duty to warn
    • Valid consent
    • Capacity to consent
    • Consent must be voluntary
    • The consent must relate to and cover the act to be performed
    • Exceptions to the need for consent
    • Children
    • Gillick v West Norfolk and Wisbech Area Health Authority (1986) AC112
    • Adults who lack the capacity to consent to medical treatment
    • Advance Health Directives
    • Guardianship
    • Enduring Powers of Attorney
    • Default decision makers
    • Emergency treatment
    • Applying to the court for orders to treat and for orders to withold treatment

    Mental Health Law in Queensland

    • Overview of the Mental Health Act 2016 (Qld)
    • Underlying principles of the Act
    • Treatment Authorities
    • Involuntary assessment and treatment of patients
    • Electroconvulsive therapy
    • Use of medical restraint, seclusion, physical restraint and other practices
    • Patient rights
    • Emergency Examination Authorities
  • Module 3

    Assessment of Damages

    • Heads of damage in personal injury claims
    • Application of the Civil Liability Act Qld 2003 Qld
    • Setting and monitoring the claims and defence costs reserves
    • Heads of damage in injury claims
    • General damages
    • Injury Scale Values
    • Assessment of general damages for physical and psychiatric injuries
    • Expert medical evidence
    • Multiple injuries
    • Economic loss
    • Discount tables
    • Payments made consequent upon an injury
    • Care (gratuitous and paid)
    • Loss of consortium and loss of servitium
    • Interest
    • Special damages (out of pocket expenses)
    • Reducing awards of damages
    • The claimant’s duty to mitigate loss

    Voluntary Assisted Dying Laws

    • The underlying principles of the Voluntary Assisted Dying Act 2021
    • Who is eligible for voluntary assisted dying?
    • Health care practitioners who can provide voluntary assisted dying services
    • The process to be followed
    • Conscientious objections
    • Review by QCAT
  • Module 4

    Pre-Litigation Procedures

    • Introduction to the Personal Injuries Proceedings Act 2002 (PIPA)
    • Claims notification
    • Stopping a claim in its tracks – a review of s9A
    • Responding to a Notice of Claim
    • Admitting or denying liability
    • Obligations of the parties
    • What to disclose (and what not to)
    • Compulsory conferences
    • Commencing proceedings
    • Urgent proceedings
    • Altering periods of limitation
    • Claims involving children

    Termination of Pregnancy

    • Principles underlying the Termination of Pregnancy Act 2018
    • Who is eligible?
    • Process to be followed by registered health practitioners
  • Module 5

    Open Disclosure

    • The common law
    • Australian Open Disclosure Framework
    • Queensland public hospitals – clinical incident reporting
    • Code of Conduct for doctors
    • Near misses and no harm incidents
    • Organisational responsibilities
    • Deferral of open disclosure
    • How to say sorry
    • Privacy and confidentiality

    Regulation of Medicines

    • Medicines and Poisons Act 2019 (Qld)– an overview
    • Medicines and Poisons (Medicines) Regulation 2019 (Qld)
    • Substance management plans
    • Offences under the Act

    Legal Professional Privilege

    • Confidentiality
    • A professional relationship
    • Dominant purpose test
    • Loss of legal professional privilege
    • In-House lawyers

    Limitation Periods

    • Application of the Limitation Of Actions Act 1974 (Qld)
    • “Extending” the limitation period
    • Children and adults under a disability
  • Module 6

    Hospital and Health Boards Act 2011

    • Chief Health Officer
    • Employment of persons within a HHS
    • Safety and quality - Quality Assurance Committees
    • Root Cause Analysis
    • Clinical Reviews
    • Confidential information

    Coronial Investigations and Inquests

    • Health care related deaths
    • Jurisdiction
    • Coroner’s powers of investigation
    • utopsies
    • Control over the deceased’s body
    • Inquests and investigations
    • Coroner’s findings
    • Access to investigation documents

    Resolving Disputes

    • Strategies to adopt to achieve the best outcome
    • Offers to Settle
    • Documenting the settlement

Medical Law in Queensland Course 2023

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