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Fall 2021 Risky Business Conference

Medical Negligence and Adverse Outcomes: Connecting the Dots.

A Virtual CPD Conference

Date: November 4, 2021

Conference: 9:30 AM – 4:00 PM

Live Q & A Panel: 4:00 PM – 4:30 PM

Cost: Registration is FREE

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What’s Included in Your Registration:

  • Access to the Risky Business webinar on November 4, 2021 and video recording post event
  • Access to a LIVE Q & A Panel with the presenters on November 4, 2021 from 4:00 PM – 4:30 PM
  • Presenter Handouts
  • CPD Hours

Risky Business is a CPD-accredited Medical Malpractice Conference designed to educate lawyers, health care practitioners and others who may wish to learn about the complex nature of medical negligence lawsuits.

Join Gluckstein Lawyers at our third annual Risky Business Conference happening on November 4, 2021 from 9:30 AM – 4:00 PM, followed by a Live Q & A Panel from 4:00 PM – 4:30 PM. The theme of this year’s event is “Medical Negligence and Adverse Outcomes: Connecting the Dots”.

Medical Negligence is an area of law that is very challenging and complex. These cases are expensive to pursue, and counsel for the defendants are typically highly skilled and experienced. Attendees of Risky Business will gain valuable knowledge from experts in the field about how to meet some of the challenges faced by the plaintiff.


Causation in Birth Trauma. Patterns of Brain Injury as Proof of How and When Injury Occurred.

Richard Halpern:

  • The real approach for determining causation in birth asphyxia cases
  • Understanding the proper causal algorithm in birth asphyxia cases
  • What lawyers need to know about patterns of brain injury in birth trauma cases
  • How to formulate a theory of the case for when injury occurred
  • How to formulate a theory of the case for how injury occurred
  • Understanding why the “when” and “how” of causation are so important
  • How to tie the pattern of injury to the breach of the standard of care
  • Teaching lawyers how to avoid being misdirected by “junk” or unreliable science

Developing Your Theory of Causation with Experts in Medical Malpractice Cases

Richard Halpern:

  • Advocacy for clients with medical malpractice claims requires developing a theory of causation before experts are retained
  • Gathering and carefully reviewing all relevant records is the first step
  • Preparing a chronology of events in an easily accessible form is essential
  • In many medical malpractice cases, causation should be investigated before standard of care
  • Most lawyers need to pay more attention to causation
  • Medical research to see how your facts fit with the science
  • Matching the causation theory with the theory of the case on standard of care
  • Making the pieces of the puzzle fit
  • Ensuring experts formulate a cogent and comprehensive approach to causation

Panel Discussion – Causation and the Informed Client

Panel: Richard Halpern, Janet Lebeau, Brenda Agnew

Moderator: Jan Marin

  • Introducing the topic of ‘causation’ to your client
  • Explaining the difference between standard of care and causation
  • How to discuss a case with a clear breach but difficult causation
  • How to discuss complex medical causation with clients
  • Managing client expectations around causation

Clint Eastwood’s Guide to an Effective Co-Counsel Arrangement

John McKiggan (Halifax, Nova Scotia)

  • What are the top 5 reasons to consider a co-counsel arrangement?
  • What are the 4 things that must be included in every co-counsel agreement?
  • Quality representation of the plaintiff in complex medical malpractice cases
  • Cooperation and collaboration in pursuit of the client’s best interests
  • Working well and efficiently

Substandard Labour and Delivery Care and Newborn Brain Injury: Hypoxic Ischemic Encephalopathy and Autism

Dr. Barry Schifrin, (Los Angeles, California)

  • Newborn outcomes associated with poor intrapartum care
  • HIE
  • Autism

Panel Discussion – Electronic Trials Panel Discussion

Panel: Tanya Barbiero, Joe Obagi, Tom Connolly (Ottawa, Ontario)

Moderator: Charles E. Gluckstein

This presentation will explore the changes that have occurred since COVID-19, in dealing with remote and hybrid hearings in Ontario.  It is likely that in a post-pandemic era many of the innovations with remote and hybrid hearings will remain.  This panel will share practical tips on recent remote trials and other hearings, as well as how and when to hold hearings remotely, steps that you should take in advance of every remote hearing, and how to ensure that you are putting your best advocacy and technical foot forward during the hearing itself. Speakers include members of the Ontario E-Hearings Task Force as well as a Senior Manager of Litigation Technology at a leading firm on what it takes to make your e-hearing a success.

SCC: The Case of Armstrong v. WardJan Marin

  • Understand the impact of this important Supreme Court decision
  • Learn about the virtual experience at the Supreme Court of Canada
  • Get valuable tips on taking a case to the Supreme Court of Canada

Get the Most Out of Your Nursing Experts – Chris Rokosh (Calgary, Alberta)

  • Learn the most common personality traits of nurses
  • Find out what motivates nurses, so you can motivate them
  • Understand what nurses know and don’t know about the law
  • Appreciate how advocacy is understood in healthcare
  • Address the biggest concerns nurses have about expert witness work
  • Nurses have different areas of practice, personalities, attitudes, beliefs and styles of work. But they also have a lot in common.  They are loyal, respect tradition, have a strong sense of duty, and are happy to keep things running behind the scenes. They recognize and appreciate that there is a right way and a wrong way to do things. And they like being part of a team. The more you know about nurses, the more you will understand where to find them, how to work with them, and how to get the best out of them!

Electronic Medical Records: Looking for the Nuggets – Shelagh McGregor (Edmonton, Alberta)

  • Medical malpractice lawsuits can hinge on one small note in the records.  With the transition to electronic medical records, often defendants do not produce the entirety of their charts.  Ensuring that you understand what may be contained in electronic medical records will ensure that you do not miss information that can make or break your case.

Strategies for Achieving Early Settlement in Medical Malpractice Cases – Jan Marin

  • Learn how to move your case forward
  • Find out when to serve expert opinions
  • Get strategies for achieving a settlement before pre-trial
  • Learn how to engage in settlement discussions with the CMPA

LIVE Q & A Panel – Networking Experience

We will be hosting a special live virtual Q & A and networking session from 4:00 PM – 4:30 PM. Register today and you will get access to that event where you can meet the presenters and get answers to your questions.

Continuing Professional Development (CPD) Accreditation

The Law Society of Ontario has accredited the Gluckstein Hosted Risky Business Conference. This program contains 1 hour and 5 minutes of Professionalism Content. This program contains 3 hours and 40 minutes of Substantive content.

Meet the Speakers: