Main Conference Day One

TUESDAY, JUNE 27, 2023

7:30am Continental Networking Breakfast and Registration

8:30am

Co-Chairs’ Welcome Remarks

MICROPHONE Joseph S. Picchi, Managing Shareholder, Galloway, Lucchese, Everson & Picchi

Daryl Zaslow, Shareholder, Elchen Crutchlow Zaslow, LLP

8:45am

The Dobbs Effect: Evaluating Potential Liabilities from the Overturning of Roe v. Wade for the Practice of Obstetrics

With the Supreme Court’s decision in Dobbs, many doctors are now facing the high risk of civil and criminal liabilities at the state level for matters concerning reproductive health. In this respect, Dobbs is a game changer in the area of obstetric malpractice in that it opens the door for new theories of liability and may impede on doctors’ autonomy in making the best and sometimes life saving decisions for their patients. Join us as we discuss the reality and implications of this groundbreaking decision.

• Understanding how Dobbs, in addition to opening to criminal prosecutions in some states, may also lead to civil liabilities for doctors and hospitals

» Identifying new state standards for at risk birthing mothers and infants

• Illustrating how Dobbs may lead to state authorities interfering with the practice of reproductive and obstetric medicine

• Examining certain state that have initiated legislation in reaction to Dobbs:

» Texas

» California

» New York

» Florida

• Analyzing the consequences of Dobbs with respect to training of new doctors and other medical professionals

OBSTETRICS IN A POST-PANDEMIC WORLD

9:45am

From Pandemic to Endemic: Understanding How COVID has Changed the Practice of Obstetrics and Obstetric Malpractice

MICROPHONE Daniel Huff, Partner, Huff Powell & Bailey, LLC

• Illustrating the changes that COVID created on examining and diagnosing patients

• Understanding how COVID affected labor and delivery

• Examining potential risks of the exposure of COVID in-utero

» Are there new genetic mutations?

» Are there new prognoses developed due to the exposure of COVID?

• Analyzing the affects of COVID on a pregnant patient and the likelihood of passing it to the fetus

• Exploring new theories of liability as well as defenses which developed throughout the course of the pandemic

10:30am Morning Coffee Break

10:45am

The Digital Effect: Evaluating the Risks and Benefits in Telehealth Usage in the Practice of Obstetrics

• Navigating the new world of Telehealth and obstetrics

» Weighing the pros and cons of telehealth use in administering obstetric care

• Determining new means of doctor consultations and obstetric check ups

• Understanding potential liabilities surrounding telehealth procedures

• Is there coverage for telehealth in the malpractice policy?

• Analyzing recent cases where telehealth appointment has led to a malpractice lawsuit

11:45am

Evaluating the Use of AI in Obstetric Diagnostics: Understanding Enhanced Capability and Inherent Risks

MICROPHONE Richard Henderson, Senior Vice President, TransRe

Daniel Tobey, MD, JD, Partner, DLA Piper

• Understanding how AI is used in the world of obstetric diagnostics

» Identify the use of AI in ultrasounds

• Identifying obstetrics patient risk factors that can be mitigated by AI

• Evaluating how AI is enhancing data collection from existing diagnostics and modalities

• Identifying AI risks that can shift the practice of obstetrics

• Exploring solutions to reduce AI risks

• Interpreting data from AI algorithms: how much should a doctor rely upon AI findings as opposed to independent medical judgment

• Understanding how proposed reforms for obstetrics may shift the standard of care for obstetric patients

» Are reform efforts being factored into settlements today?

• Case Study: Assessing the use of AI in ultrasounds

» Evaluating the benefits of AI usage in ultrasounds

» Understanding the limitations and consequences of AI usage in ultrasound

12:30pm Networking Luncheon

1:30pm

Interpreting the Findings of Fetal Heart Monitoring Strips: Examining New Guidelines and Exploring Liabilities for Misinterpretation

MICROPHONE Michael G. Ross, MD

MPH, Distinguished Professor of Obstetrics, Gynecology and Public Health, UCLA School of

Medicine

Timothy Bendin, Partner, Bendin, Sumrall & Ladner, LLC

Kurt Lloyd, Partner, Lloyd Law Group Ltd.

• Exploring advances in fetal heart monitoring strips technology

• Examining recent guideline changes for fetal heart rate monitoring

• Distinguishing the different categories of fetal heart monitoring

• Managing Category II fetal heart rate tracings

» Examining techniques for how a doctor can determine when a fetal heart monitoring strip has deteriorated to such an extent that medical intervention is necessary

» Understanding when an obstetrician should see a patient as opposed to a nurse alone?

• Determining the amount of time that an obstetrician should be monitoring the strip for a low-risk versus a high-risk patient

• Interpreting contraction patterns and their impact on fetal heart rate

• Examining current scientific and technological advances that eliminate some subjectivity with FHR monitoring strips interpretations

• Analyzing techniques that doctors use to determine when a fetal heart monitoring strip is malfunctioning

• Identifying when medical intervention is necessary

• Devising techniques for presenting FHR tracings interpretations to the juries so that it is engaging and understandable

FOCUS on Neurological Assessments

2:30pm

Avoiding HIE and Related Conditions: A Comprehensive Look at the Use of Brain Cooling for Avoiding Brain and Neurological Dysfunctions

MICROPHONE Jonathan Fanaroff, Professor of Pediatrics, Case Western Reserve University School of Medicine, Director, Rainbow Center for Pediatric Ethics, Rainbow Babies & Children's Hospital Division of Neonatology

Aiju C. Thevatheril, Partner, Swanson, Martin & Bell, LLP Jacob Diesselhorst, Esq., Partner, Maples Nix & Diesselhorst, PLLC

• Examining new developments in the evaluation of Hypoxic Ischemic Encephalopathy (HIE)

• Synthesizing the connection between Cerebral Palsy and HIE

• Understanding the correlation between timing and administration of cooling and HIE

• Identifying whether children with mild HIE should be cooled

• Interpreting most recent data from HIE studies

• Understanding the challenges of proving that an injury occurred before labor in relation to HIE

• Determining what to do if an infant has received a normal MRI, but later developed HIE

• Evaluating the various types of experts needed to argue and defend your case successfully

• Analyzing what exacerbates a HIE injury

• Exploring tools and diagnostics that can be used to determine if an injury occurred in utero and how to handle these cases

3:30pm Afternoon Refreshment Break

3:45pm

Case Study: Dissecting the Truths and Myths of Normal and Abnormal MRIs in Relation to Neurological Deficit Outcomes

Max Wiznitzer, MD, Pediatric Neurology, UH Cleveland Medical Center

Join this interactive case study as our speakers discuss the truths and myths behind the relationship between normal and abnormal MRIs and the link to HIE and other neurological conditions. Talking points will include:

• Developing a crucial understanding of the significant differences between normal and abnormal MRIs when detecting neurological deficits early on.

• Identifying when action should be taken to reduce neurological defects

• Analyzing the pros and cons of acting on normal MRIs versus abnormal MRIs

• Exploring the truths of responding to normal MRIs versus abnormal MRIs

4:30pm

Exploring the Legal and Medical Consequences of the Expanding Use of Midwives and Nurses in Obstetrical Practice

MICROPHONE Daryl Zaslow, Shareholder, Elchen Crutchlow Zaslow, LLP

Gerald Jowers, Jr., Partner, Janet & Suggs, LLC

• Understanding the roles that certified midwives, uncertified midwives and L&D nurses play during the entire pregnancy and the delivery process

» Exploring why hospitals may or may not be opting for licensed professionals

• Examining insurance guidelines, supervision protocols, and potential liability

» Illustrating the difference in liability for midwives and doctors

• Analyzing corporate negligence theories with respect to midwives, L&D nurses, and hospitals

• Exploring different state laws surrounding midwifery procedures

• Exploring negligence theories used in cases involving mid-level practitioners related to dosages and timing of administering medications to accelerate labor and delivery

» Assessing whether L&D nurses and midwives are equipped for early management and resuscitation of a newborn baby in a timely fashion

• Analyzing outcomes: OBs vs. L&D nurses and midwives

5:30pm