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MEDICAL MALPRACTICE: CURRENT ISSUES IN PHYSICIAN, MEDICAL DEVICES AND PHARMACEUTICAL LIABILITY

6th Bi-Annual Thomas F. Lambert, Jr. Conference

SPONSORED WITH THE
Macaronis Institute for Trial & Appellate Advocacy
Massachusetts Academy of Trial Attorneys

Please Note: This course has already been held.

Date: Friday, November 09, 2012

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 04:00 PM

Faculty
Schedule/Agenda
Registration Information

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ABOUT THE CONFERENCE

Tort reform developments, the U.S. Supreme Court's recent preemption decisions, and rapidly evolving causes of action and defenses are reshaping the medical liability landscape. The Sixth Thomas F. Lambert, Jr. conference brings together top legal practitioners, trial judges and leading academics to reflect on these changes and the potential impact on medical malpractice cases involving physicians, medical devices, and pharmaceutical liability. As Thomas F. Lambert would put it, "A fence at the top of the cliff is worth more than an ambulance in the valley below." Forewarned is forearmed.

Learn about how to resolve challenging medical liability issues from leading Massachusetts jurists and attorneys who try these cases. Learn about how trial judges approach avant garde lost chance cases, high tech medicine cases, and informed consent. This practical conference presents an update on national tort reform as well as New England developments such as the New Hampshire radical reformation of its medical liability and Massachusetts' Apology Bill. Leading trial attorneys will give their take on how these changes to medical liability law impact practice. This conference will give attendees the latest update on the U.S. Supreme Court’s preemption jurisprudence in medical device cases that are often partners in complex medical liability cases. While the emphasis will be on medical liability, there will also be an introduction to the products liability issues. The conference will present state of the art knowledge on what we know and still don’t know about medical liability verdicts from a practical perspective. Attend and hear leading trial lawyers and defense attorneys provide the best available guidance on discovery, voir dire, trial tactics, and jury instructions in a field increasingly impacted by preemption and tort reform. Don't miss this opportunity to learn about the latest developments from the trial judges that try these complex cases with commentary from leading plaintiff and defense experts.

ATTEND AND LEARN:

  • How to try and defend medical malpractice lawsuits
  • How to implement the latest strategies for choosing and instructing juries
  • How to prepare your case in light of tort reforms and preemption
  • How to present your case on informed consent & lost chance
  • How to understand basic medical products issues that arise in medical practice cases

  F A C U L T Y

  Professor Michael L. Rustad, Co-Chair
  Thomas F. Lambert Jr. Professor of Law and
Co-Director Intellectual Property Law Concentration, Suffolk University Law School
   
  Professor Gabriel H. Teninbaum, Co-Chair
  Suffolk University Law School
   
  Anthony E. Abeln, Esq.
  Morrison Mahoney LLP
   
  Honorable Thomas P. Billings
  Superior Court
   
  Dr. Max Borten, M.D., J.D.
  Gorovitz & Borten, P.C.
   
  Honorable Margot Botsford
  Supreme Judicial Court
   
  Leo V. Boyle, Esq.
  Meehan, Boyle, Black & Bogdanow, PC
   
  Honorable Richard J. Chin
  Superior Court
   
  Elizabeth A. Cushing, Vice President of Claims
  CRICO
   
  Joanne Doroshow, Executive Director
  New York Law School, Center for Justice and Democracy
   
  Honorable Geraldine S. Hines
  Superior Court
   
  Tim C. Kelleher, Esq.
  Cooley Manion Jones LLP
   
  Carol A. Kelly, Esq.
  Murray Kelly & Bertrand
   
  Andrew C. Meyer, Jr., Esq.
  Lubin & Meyer P.C.
   
  John P. Ryan, Esq.
  Sloane & Walsh, LLP
   
  Tory A. Weigand, Esq.
  Morrison Mahoney LLP
   
  Benjamin R. Zimmermann, Esq.
  Sugarman & Sugarman, P.C.
   
  S C H E D U L E / A G E N D A

9:00 WELCOME AND INTRODUCTIONS
Michael. L. Rustad

9:15 THE NATIONAL PICTURE ON MEDICAL MALPRACTICE DEVELOPMENTS
  • HR 5 and Preemption Issues (Drugs and Devices)
  • HHS Pilot Program
  • Medical Malpractice in Budget Proposals
  • Possible Impact of Affordable Care Act
  • State Tort Reforms—Caps; Medical Malpractice Litigation Alternatives
  • Drug Industry Immunity via ALEC
  • Changes in NH
  • Recent Supreme Court Cases
Moderator: Michael L. Rustad
Panelist: Joanne Doroshow



10:15 Q & A AND DISCUSSION

10:30 NETWORKING BREAK

10:45 LATEST PRACTICE DEVELOPMENTS
  • How to Present or Defend on New or Expanded Causes of Action— e.g. Loss of Chance
  • Curbside Consults

Moderator: Gabriel Tenninbaum
Panelists: Max Borten, Tory A. Weigand and Anthony E. Abeln



11:45 Q & A AND DISCUSSION

12:00 LUNCH (On Your Own)

1:00 MA HEALTH CARE REFORM-"APOLOGY BILL"
Moderator: Carol A. Kelly
Panelists: Leo Boyle, Elizabeth A. Cushing and Tim C. Kelleher


2:00 NETWORKING BREAK

2:15 WHAT WE KNOW AND DO NOT KNOW ABOUT MEDICAL MALPRACTICE CASES FROM TRIBUNAL THROUGH TRIAL: A VIEW FROM THE BENCH AND TRIAL ATTORNEYS
Moderator: Andrew c. Meyer, Jr.
Panelists: Honorable Margot Botsford, Honorable Thomas P. Billings, Honorable Richard J. Chin, Honorable Geraldine S. Hines, John P. Ryan and Benjamin R. Zimmermann


3:15 Q & A AND DISCUSSION

4:00 CONCLUDE

  G E N E R A L   I N F O

Date:  

Friday, November 09, 2012

Tuition:  

$200; $170 for Suffolk Alumni, attorneys admitted to the bar after 2011 and members of MATA. The course materials for this program will be published electronically and will be emailed to you prior to the conference. If you would like to purchase a hard copy, there will be an additional charge of $35.00. Order it by October 26th and you may pick it up at the program.



Walk-Ins:  

Please call 617.573.8627 to confirm space availability.



Refunds:  

There is a $15 cancellation fee for those who cancel by Thursday, November 8, 2012. After that date, no refunds will be given.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

Approved for CLE Credit in RI, NH, VT and ME.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.




Evaluate this course.
Directions to the Law School.

 

Unable to attend but are interested in the course materials?
Purchase Here!


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