21st Annual Advanced Forum on Obstetric Malpractice Claims - DS

OBSTETRIC MALPRACTICE CLAIMS

21st Annual Advanced Forum on October 12–13, 2023 • The Union League of Philadelphia, Philadelphia, PA

Distinguished Co-Chairs:

Michael Austin Partner Galloway, Lucchese, Everson & Picchi

Kurt Lloyd Partner Lloyd Law Group Ltd.

NEW For This Year:

Medical Insights From:

Michael G. Ross, MD MPH Distinguished Professor of Obstetrics, Gynecology and Public Health

UCLA School of Medicine

Carolyn M. Salafia, MD Placental Pathologist Placental Analytics, LLC

Max Wiznitzer, MD Pediatric Neurology UH Cleveland Medical Center

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

Insurance Industry Insights From: Susan Combs Chief Executive Officer Combs & Company, LLC

Richard Henderson Senior Vice President TransRe

CHEVRON-RIGHT UNDERSTAND how Dobbs may open the practice of Obstetrics to civil as well as criminal liabilities

CHEVRON-RIGHT DEVELOP a thorough understanding of the Use of AI in Obstetric Diagnostics

CHEVRON-RIGHT DECIPHER the complexities of Telehealth Usage in Obstetrics

CHEVRON-RIGHT EXAMINE new guidelines for fetal heart monitoring strips as well as liabilities for misinterpretation

CHEVRON-RIGHT ASSESS the use of brain cooling technologies to avoid HIE and brain and neurological dysfunction

Media Partner

American Conference Institute (ACI) is pleased to announce that the 21st Annual Advanced Forum on Obstetric Malpractice Claims will be back in-person in Philadelphia on October 12–13, 2023

Obstetric malpractice claims continue to be among the costliest of medical malpractice claims, with birth injury claims being the most expensive. In the last few years, at least 80% of obstetrician-gynecologists have reported being named as a defendant in a medical malpractice lawsuit.*

As such, it is more crucial than ever before for obstetric stakeholders to stay up to date on the latest medical advancements, constantly evolving technology, and groundbreaking case verdicts, to assess costly malpractice law suits. For all these reasons and more, this is a must attend event.

Our unparalleled faculty of claim specialists, risk managers, medical experts –as well as a wide array of plaintiff and defense attorneys – will share their insights on some of the most complex medical and legal challenges posed in today’s post pandemic world.

Some of this year’s highlight sessions include:

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

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

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

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

CHEVRON-RIGHT Addressing the Uptick in Maternal Morbidity/Mortality: How to Prevent Medical Errors in Obstetrics

CHEVRON-RIGHT Case Study on Recent Damages Trends in Obstetrics Malpractice

Who You Will Meet and Why They Attend:

diamond Plaintiff and defense attorneys who litigate medical malpractice cases attend in order to get a solid grounding on the latest medical issues upon which cases are based.

diamond 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.

diamond 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.

This conference is one of the best-kept secrets in OB Malpractice continuing education! It sources the leaders in both medicine & law and provides both the plaintiff & defense perspective.

– Manager of Risk & Claims, OB Hospitalist Group

The seminar offered a wide variety of very relevant topics and speakers, fostering a diverse discussion among attendees about varying views on the topics presented.

– Managing Attorney, Galloway, Lucchese, Everson & Picchi

– Partner – Chair Health Care Group, Tucker Ellis LLP

* Medscape study May 21-Aug 28, 2021.

Extremely high caliber of information, expertise and especially hearing from physicians who offer practical insight and experiences.

Distinguished Faculty

CO-CHAIRS:

Michael Austin Partner

Galloway, Lucchese, Everson & Picchi

Kurt Lloyd Partner

Lloyd Law Group Ltd.

ESTEEMED SPEAKERS:

Michael Anderson, CPHRM Manager, Patient Safety & Risk Management Medical Insurance Exchange of California

Timothy Bendin Partner

Bendin, Sumrall & Ladner, LLC

Thomas Chairs Partner

Gordon Rees Scully Mansukhani, LLP

Susan Combs Chief Executive Officer Combs & Company, LLC

Jacob Diesselhorst, Esq. Partner

Maples Nix & Diesselhorst, PLLC

Christopher Donadio Partner

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

Anjali Dooley CEO & Founder The Innovators Law Firm, LLC

Bryan Edelman, Ph.D. Co-founder Trial Innovations

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

Eric J. Firsch Partner

Copeland Stair Valz & Lovell, LLP

Thomas Geroulo Partner BBC Law

Patricia Giordano Partner

Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP

Richard Henderson Senior Vice President TransRe

Gerald Jowers Partner Janet, Janet & Suggs, LLC

Matthew Keris Chair, Electronic Medical Record and Audit Trail Practice Group Marshall Dennehey Warner Coleman & Goggin, P.C.

Saira Pasha Chief Executive Officer Audit Trail Pro

Michael G. Ross, MD MPH

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

Carolyn M. Salafia, MD Placental Pathologist Placental Analytics, LLC

Matthew Sappern CEO PeriGen

Adam Snyder Founder & Trial Lawyer The Birth Injury Alliance, Ltd.

Daniel Tranen Regional Managing Partner, Wilson Elser Moskowitz Edelman & Dicker LLP

Taylor Tribble Partner

Huff Powell & Bailey, LLC

Tammy L. Wade Attorney at Law Johnson & Bell LLP

Max Wiznitzer, MD Pediatric Neurology UH Cleveland Medical Center

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

EARN CLE/ CREDITS

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

For more information on ACI’s CLE process, visit: www.AmericanConference.com/Accreditation/CLE

Main Conference Day One

THURSDAY, OCTOBER 12, 2023

7:15am Continental Networking Breakfast and Registration

8:15am

Co-Chairs’ Welcome Remarks

MICROPHONE Michael Austin, Partner, Galloway, Lucchese, Everson & Picchi

Kurt Lloyd, Partner, Lloyd Law Group Ltd.

8:30am

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

MICROPHONE Michael Anderson, CPHRM, Manager, Patient Safety & Risk Management, Medical Insurance Exchange of California

Daniel Tranen, Regional Managing Partner, Wilson Elser Moskowitz Edelman & Dicker LLP

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

9:30am

The Anatomy of Defending Catastrophic Perinatal Cases

MICROPHONE Michael Austin, Managing Shareholder, Galloway, Lucchese, Everson & Picchi

Kurt Lloyd, Partner, Lloyd Law Group Ltd.

Join this interactive review focusing on the fundamental techniques when handling catastrophic perinatal cases.

• Addressing the roles of a plaintiff attorney’s approach vs. a defense attorney’s approach to catastrophic perinatal cases

• Outlining the steps in the investigation of perinatal and other obstetric injury cases

• Dissecting the standard of care involved and causation elements

• Identifying steps to take to investigate and prove an unpreventable fetal/neonatal brain injury

• Assessing factors in the economic equation concerning potential damages

• Life expectancy of child

• Needs for child’s care and well-being

• Future earning capacity

10:15am Morning Coffee Break

10:30am

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

MICROPHONE Anjali Dooley, CEO & Founder, The Innovators Law Firm, LLC

Adam Snyder, Founder & Trial Lawyer, The Birth Injury Alliance, Ltd.

• 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

11:30am

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

MICROPHONE Richard Henderson, Senior Vice President, TransRe

Matthew Keris, Chair, Electronic Medical Record and Audit Trail Practice Group, Marshall Dennehey Warner Coleman & Goggin, P.C.

Matthew Sappern, CEO, PeriGen

• 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

1:30pm

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

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

Kurt Lloyd, Partner, Lloyd Law Group Ltd.

Michael G. Ross, MD MPH, Distinguished Professor of Obstetrics, Gynecology and Public Health, UCLA School of Medicine

• 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 Jacob Diesselhorst, Partner, Maples Nix & Diesselhorst LLP

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

• 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

MICROPHONE Kurt Lloyd, Partner, Lloyd Law Group Ltd.

Michael Austin, Partner, Galloway, Lucchese, Everson & Picchi

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

A Guide of the Basics of Placental Pathology for Plaintiff and Defense Counsel

MICROPHONE Carolyn M. Salafia, MD, Placental Pathologist, Placental Analytics, LLC

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

• Identifying why placental findings are relevant to obstetric malpractice claims

• Understanding the basics of placental pathology

» Gross exam

» Microscopic exam

• Assessing key placental growth abnormalities and umbilical cord abnormalities

• Analyzing what the placenta tells us about intrauterine infection

» Clinical and histologic chorioamnionitis

» Bacterial and viral infections

» Maternal versus fetal inflammation

» Extent and duration of inflammation

• Exploring the most common placental lesions

» Maternal Vascular Malperfusion

• Examining meconium staining

» Fetal Vascular Malperfusion

» Villitis of Unknown Etiology

• Eliciting the effects of Nucleated Red Blood Cells

• Outlining the limitations of placental pathology in obstetric malpractice claims

• Reviewing the Plaintiff approach to placental findings in obstetric malpractice claims

» When to retain an expert

» When to bring a placental pathologist to trial

» Risks of focusing on placental findings

» Dealing with specific placental findings

5:30pm

» Challenging the defense placental pathologist

 Medical literature

 Daubert / Frye

 Court decisions on placental pathology

Closing Remarks. Day 1 Adjourns

Main Conference Day Two

FRIDAY, OCTOBER 13, 2023

8:00am Continental Breakfast and Registration

8:45am

Co-Chairs’ Opening Remarks and Recap of Day 1

MICROPHONE Michael Austin, Partner, Galloway, Lucchese, Everson & Picchi

Kurt Lloyd, Partner, Lloyd Law Group Ltd.

9:00am

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

MICROPHONE Taylor Tribble, Partner, Huff Powell & Bailey, LLC

Patricia Giordano, Partner, Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP

• 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

10:00am Morning Refreshment Break

10:15am

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

MICROPHONE Eric J. Firsch, Partner, Copeland Stair Valz & Lovell, LLP

• 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

11:15am

From Selecting Witnesses to Jurors: Best Practices That Can Help You Get the Verdict You Want

MICROPHONE Bryan Edelman, Ph.D., Co-founder, Trial Innovations

The testimony of expert witnesses and careful selection of jurors in obstetric malpractice litigation is critical to the case’s outcome. The expert’s knowledge, demeanor, as well as their ability to communicate with jurors is pivotal to your case at hand.

Strategically selecting jurors can have a huge impact on the outcome of your case. Join our speakers as they examine the best strategies – for both plaintiff and defense counsel – to employ when evaluating, selecting, and preparing expert witnesses. They will provide guidance on how to evaluate, select, and prepare the best experts for your case and identify critical strategies when selecting jurors to minimize mistakes in the selection process.

12:15pm Networking Luncheon

1:15pm

Exploring New Risks in Reproductive Medicine and Technologies

MICROPHONE Christopher Donadio, Partner, Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf

• Understanding the role and risk of new technologies that assist with fertility

• Exploring new IVF techniques, including the use of AI

• Evaluating the consequences of improper insertions

» Analyzing negligence claims surrounding these mishaps

• Illustrating the potential class actions that may occur due to sperm bank losses

» How are these cases handled

• Examining how the Dobbs decision may impact the practice of reproductive medicine and fertility treatments

2:15pm

Explore Damages Analyses and the Use of EMR Audit Trails

MICROPHONE Tammy L. Wade, Attorney at Law, Johnson & Bell LLP

Saira Pasha, Chief Executive Officer, Audit Trail Pro

Whether you settle or go to trial, damages are always a consideration. As such, there has been an evolution of tools made to help. The use of EMR audit trails in medical malpractice cases is rising exponentially, and especially in OB cases where there is often a dedicated EMR system in addition to the hospital’s main system. When there is conflicting testimony about the timeline of events, the objective data acts as a powerful “silent witness” for jurors, with the potential to significantly impact verdict value. This panel will explore damages analysis and the basics of audit trail analyses and how to use them to your advantage.

• Assessing the essential values that go into calculating damages for an obstetric malpractice case

• Understanding the importance of calculating damages and what could happen if it is calculated improperly

• Reviewing recent case law that has affected calculations

• Developing best practices when selecting a damages expert to meet the measure of damages for your case

• Analyzing the big-ticket damages items stated by a plaintiff, and defense strategies to counter this

3:30pm

An In-Depth Look Into the Role of Life Care Plans in Obstetric Malpractice

MICROPHONE Susan Combs, Chief Executive Officer, Combs & Company, LLC

Thomas Geroulo, Partner, Bardsley, Benedict & Cholden LLP

• Understanding how life care claims have changed in this post pandemic world

» Understanding the effects of COVID-19 on life expectancy

• Comprehending the role of damages in life care plans

• Evaluating factors that go into a reasonable life care plan directed at a therapy, treatment, or an accommodation which the injured party may truly need

• Identifying common challenges with life care plans presented by plaintiffs

• Exploring ways of finding a compromise

• Examining ways of resolving differences on damages

» From a plaintiff’s attorney perspective, how is a damage assessment built?

» From a defense counsel’s perspective, how to evaluate it?

• Analyzing the plaintiff and defense debate on the collateral source rule

4:30pm

Exploring the Ethical Dilemmas in Obstetrical Malpractice

MICROPHONE Thomas Chairs, Partner, Gordon Rees Scully Mansukhani, LLP

In this closing session, our speakers will provide a 360 view of ethics and professional conduct considerations in obstetric malpractice claims. Explore considerations for physicians and attorneys in doing the right thing for the patient.

5:30pm

Conference Recap. Main Conference Adjourns

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Book with Confidence!

Register and pay to lock in your early rate and be eligible for a full refund until September 27, 2023. If you are unable to attend for any reason, you will have the following options:

y A full credit note for you, or a colleague to attend another event.

y A full refund.

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