The program is divided into two parts. The first day is devoted to understanding the medical injuries involved in children’s brain injuries. Lawyers will learn what kinds of injuries are not related to any fault on the part of the doctor. The second day focuses on how these cases can be won for the defense. The highly challenged battleground requires counsel to be prepared in both medicine and law. And that is why Legal IQ is gathering together top legal and obstetrical experts from to share realistic and practical strategies to defend the delivery team in these cases.

1. SAVE $800
When You Register
Forum on
By December 5th
Defending the Delivery Team:
Obstetric
Malpractice TM
Lessons Learned in the Defense of Hear From
Perinatal Brain Injury Cases Participating
Organizations:
February 23-25, 2009 Philadelphia, PA The Children's Hospital of
Pennsylvania
Kline & Specter, P.C.
Strengthen Your Medico-Legal Knowledge by Attending to:
Martin Clearwater & Bell LLP
Find out how to successfully defend your obstetric malpractice case
•
University of Pennsylvania
Medical School
Hear about the latest medical developments in infant brain damage
•
Albert Einstein Medical School
Understand how to apply the medical information to an effective legal
•
Dartmouth Medical School
defense Koskoff Koskoff & Bieder, P.C.
University of Toronto Medical
Receive the latest information on expert evidence
•
School
Learn how to meet the standard of care in defending these cases
•
Galloway, Lucchese, Everson &
Picchi
Discover proven strategies to improve outcomes and reduce obstetric
•
Mount Sinai Hospital, Toronto
claims
Kaufman Borgeest & Ryan LLP
Hall, Booth, Smith & Slover, P.C.
Special Thanks To Our Expert Advisory Board: Sutter, O'Connell & Farchione
Gair, Gair, Conason, Steigman &
Mackauf
Wilson Elser Moskowitz
Edelman & Dicker LLP
David R. Lucchese Kathleen R. Nastri Bruce G. Habian Thomas R. Kline
Partner Partner Partner Partner Garson DeCorato & Cohen LLP
Galloway, Lucchese, Koskoff Koskoff & Martin Clearwater Kline & Specter Naulty, Scaricamazza and
Everson & Picchi Bieder, P.C. & Bell LLP LLP McDevitt LLC
Stanford University Medical
School
Media Partners:
CLE CREDITS AVAILABLE The Risk Management & Patient
Safety Institute
Register today! Call Dhaval: 416.597.4754 or e-mail: dhaval.thakur@iqpc.com

2. Defending the Delivery Team:
Obstetric
Malpractice TM
Dear Colleague,
Damages can soar over the $100 milli
on mark in a single obstetric brain
injury case.
This is why it is crucial to understan
d how to avoid, defend and win such
a case,
considered the largest and most com
Who You will Meet:
plicated personal injury cases in this
country.
Many obstetricians and gynecologists
see only gloom and doom when they
are sued
for obstetric malpractice; however, Plaintiff and Defense medical
they need to know that these case •
s can be
defended successfully. malpractice lawyers
Obstetricians and gynecologists
•
To address this important topic, IQPC
and Legal IQ present this forum, Defe
nding the Senior In-House Counsel from
•
Delivery Team: Lessons Learned in
the Defense of Perinatal Brain Injur
y Cases. medical malpractice insurers and
hospitals
Designed to integrate medico-legal
information, the first day is devoted
to Hospital risk managers
understanding the medical injuries •
involved in brain injuries and disco
vering what
injuries are not related to any fault VPs of Claims for medical
on the part of the doctor. Some of •
the finest
obstetric experts in North America malpractice insurers
will explain the workings of the infan
t brain and
how to avoid liability.
Claims managers and senior
•
medical malpractice claims
The second day focuses on how thes examiners
e cases can be won for the defense,
demonstrated
by some of the finest medical malp
ractice lawyers in the United States. Medical malpractice insurance
•
adjusters
With so much money at stake for
everyone involved in the delivery of
a baby, Chiefs and directors of obstetrics
professionals involved in obstetric care •
need the most up-to-the-minute med
ico-legal and gynecology
information on obstetric malpractice
lawsuits, provided at this forum. Obst
etricians,
gynecologists, nurses, midwives and Chiefs of nursing
•
the insurance companies who insu
re them, as well
as the defense lawyers who defend
them, will all benefit from attending Midwives
•
this event.
So sign up today to reserve your seat
for this informative and exciting oppo
rtunity.
I look forward to meeting you in Febr
Earn CLE Credits!
uary!
IQPC will seek CLE accreditation in those
Kindest regards, states requested by registrants (post
conference) which have continuing
education requirements. This is subject to
the rules, regulations and restrictions
P.S. Don't forget to sign dictated by each individual state
organization. Application for accreditation
up for the pre-conference of this course or program in all CLE
approved states is currently pending.
workshops designed for in-
Fred Sagel
depth knowledge! See Page
Conference Director
Legal IQ, a division of IQPC
5 for more details.
2

3. Main Conference Day 1
Tuesday, February 24, 2009
sustained by the fetus. Find out from a leading American
Registration and Coffee
7:30
specialist how this unique tool can be used to ascertain when
injuries sustained by the fetus occurred. This is an important
Co-Chairs’ Opening Remarks
8:30
session for understanding how to determine the origin of brain
Kathleen L. Nastri, Partner, KOSKOFF KOSKOFF & BIEDER, damage and is required learning for any physician and lawyer in
P.C. (Bridgeport, CT) the field. Topics Covered:
Understanding which work best: Ultrasound, CT scans
•
David R. Lucchese, Senior Partner, GALLOWAY, LUCCHESE,
or MRIs?
EVERSON & PICCHI (Walnut Creek, CA)
• Markers of asphyxial brain damage
• Signs of traumatic brain injury
The Key to the Perinatal Brain Injury Case:
8:45
Acute, profound v. prolonged partial asphyxia
•
Understanding the Differences Between a • Dealing with the other causes of brain injury
Normal Infant Brain and an Injured Fetal and • The role of placental pathology in determining the cause and
Neonatal Brain timing of the events leading to brain injury
No attorney, whether plaintiff or defendant, can properly • The importance of examining the placentia
represent a client in an obstetrical malpractice case without Using the tools for success in a legal case
•
gaining a clear understanding of the differences between a
Kathleen L. Nastri, Partner, KOSKOFF KOSKOFF & BIEDER,
normal infant brain and an injured one. In this must-attend
P.C. (Bridgeport, CT)
presentation, two leading world class obstetrical specialists will
Dr. Robert A. Zimmerman, Chief, Neuroradiology Division/MRI,
discuss the development of the fetal and neonatal brain,
THE CHILDREN’S HOSPITAL OF PHILADELPHIA
exploring the physiological processes which cause
(Philadelphia, PA)
maldevelopment and injury during the prenatal, intrapartum and
neonatal periods. Topics Covered:
Networking Lunch
12:30
How a normal infant brain develops in the initial three months
•
• What ultrasound and MRI results will reveal about the
developing brain—and what to look for in the fetal and The Critical Role of Cerebral Palsy in a Brain
2:00
neonatal brain scans Injury Case
How infection impacts the infant brain while it is a fetus
•
Many babies with cerebral palsy have a congenital malformation
• Distinguish different types of brain damage from the imaging
of the brain, meaning that the malformation existed at birth and
results was not caused by the birthing process. And this is important
Hypoxic ischemic injury
•
information in the defense of the delivery team when a brain-
• The appropriate diagnosis and treatment of infection,
damaged infant is born. New lessons from the research
metabolic and blood disorders as potential causes of brain laboratory have come up with other causes of cerebral palsy and
damage a thorough understanding of the problems is essential. In this in-
How to assess the cause and define the standard of care in
•
depth presentation by two prominent specialists, you will learn:
neonatal infection and metabolic disorders of the infant brain What is cerebral palsy?
•
Causes of brain injury
•
Causes of cerebral palsy
•
Neonatal infection
•
• Neonatal infection and brain damage
Metabolic disorders
•
• What every attorney needs to know about cerebral palsy and
• Fetal asphyxia
negligence and how to separate causation
Genetic disorders
•
• How cerebral palsy comes about from the birthing process
• Exploring causes of brain injury not caused by the delivery
• How a diagnosis of cerebral palsy is made
team—what are they and how do they arise? The different types of cerebral palsy
•
How aggressive should the treatment for cerebral palsy be?
Moderator: •
• Realistic goals for a child with cerebral palsy
Andrew S. Garson, Partner, GARSON DECORATO & COHEN
The criteria for implicating intrapartum care to cerebral palsy
LLP (New York, NY) •
Understanding fetal heart rate evaluation, infection, trauma
•
Panel:
and prematurely in the development of CP
Dr. James Byrne, Chief of Obstetrics, SANTA CLARA VALLEY
Moderator:
MEDICAL CENTER, Associate Clinical Professor, STANFORD
Andrew S. Kaufman, Partner, KAUFMAN BORGEEST & RYAN
SCHOOL OF MEDICINE (Stanford, CA)
LLP (New York, NY)
Dr. Lucy B. Rorke-Adams, Pediatric Neuropathologist, The
Panel:
CHILDREN’S HOSPITAL OF PHILADELPHIA (Philadelphia, PA)
Dr. Arnold Cohen, Chair, Department of Obstetrics and
Morning Networking Break Gynecology, ALBERT EINSTEIN MEDICAL CENTER
10:45
(Philadelphia, PA)
The Latest Tools and Science to Determine the
11:15 Dr. Marcus C. Hermansen, Associate Professor of Pediatrics,
Origin and Timing of Irreversible Brain Damage Adjunct Associate Professor of Obstetrics and Gynecology,
DARTMOUTH MEDICAL SCHOOL, Medical Director,
Two of the best tools to determine the origin of irreversible brain
SOUTHERN NEW HAMPSHIRE MEDICAL CENTER (Nashua, NH)
damage – something that every attorney requires – are
neuroimaging and placental pathology. Neuroimaging involves Afternoon Networking Break at 3:15PM
ultrasound, CT scan and MRI. One of America’s leading
neuroradiologists will explain how neuroimaging can be used to
End of Conference Day One
4:30
determine the timing and origin of the injury. As well, placental
pathology is an important tool for the events that led to injuries
3 Media Partners:

4. Main Conference Day 2
Wednesday, February 25, 2009
Registration and Coffee Unethical expert witness testimony
•
8:15
Assessing credibility of the opposition experts
•
Opening Remarks from the Co-Chairs
8:45 Moderator:
Bruce G. Habian, Partner, MARTIN CLEARWATER & BELL LLP (New
Effectively Using the Medicine to Defend the
9:00 York, NY)
Delivery Team in a Neonatal Brain Injury Case Panel:
Not every brain injury caused to an infant is birth-related. And Lisa Dagostino, M.D., J.D., Partner, KLINE & SPECTER, P.C.
that is why every medical issue must be analyzed objectively and (Philadelphia, PA)
critically. By thoroughly understanding the medical aspects of a
Thomas R. Kline, Partner, KLINE & SPECTER (Philadelphia, PA)
case, defense lawyers can gain enormous information about the
prenatal and perinatal causes of neurological dysfunction. The Timothy J. Sheehan, Partner, WILSON ELSER MOSKOWITZ
human brain is susceptible to a wide variety of genetic, EDELMAN & DICKER LLP (New York, NY)
developmental and acquired abnormalities that may have
nothing to do with obstetric malpractice. Networking Lunch
12:45
In this dynamic presentation, hear of one America’s finest Luncheon Speaker
defense counsel describe how he has had several spectacular Dr. Kenneth Milne, President & CEO, SALUS GLOBAL CORP.
results over the last two decades by properly utilizing medical (London, ON)
evidence in a brain damaged infant case. He will reveal the quot;How to Achieve Patient Safety in Obstetrics: What are the
secrets of his success, including: Drivers?quot;
• How to win a case by “examining the brain first” approach
Using films of the brain and other diagnostic studies to
•
Proven Strategies to Improve Outcomes and Reduce
2:00
determine the cause of injury
Obstetric Claims against the Delivery Team
• How to use laboratory and other clinical “time-markers” to
The defense of obstetrical cases—especially those involving brain
defend a case
damaged infants--can be devastating, so it is essential that every delivery
• Deploying medical information about nucleated red blood cells
team prepare and minimize its risk. In this session, moderated by an
to negate negligence
Atlanta defense lawyer, two leading obstetrical malpractice defense
• How viral illnesses during pregnancy can be proven as a defense
lawyers, a prominent risk manager at the nation’s best pediatric hospital
• Effective causation defenses that can disprove liability—and
and a leading physician who has instituted major reforms, will
how to deal with them
recommend innovative strategies to pre-empt litigation. This must-attend
After Mr. Lucchese’s presentation, he will join the outstanding
session will give you valuable insights into:
panel of prominent plaintiff and defense attorneys who will • Avoiding litigation before it begins
engage in a spirited and stimulating discussion of the issues
What successful hospitals have done to prevent obstetric claims
•
faced by every obstetrician, physician, hospital or nurse in the • How strategic decisions in the early stages can have dramatic
country.
consequences
Moderator: Effective decision-making
•
David R. Lucchese, Senior Partner, GALLOWAY, LUCCHESE, • The value of cross-functional teams
EVERSON & PICCHI (Walnut Creek, CA) How to set up an internal risk management systems to avoid litigation
•
• When to use drills as a preventative measure
Panel:
• Allocating responsibilities on the delivery team
Stephen H. Mackauf, Partner, GAIR, GAIR, CONASON,
Which risk management systems are most effective and which are not?
•
STEIGMAN & MACKAUF (New York, NY)
• Using internal investigations and audits to mitigate obstetrical
Kathleen L. Nastri, Partner, KOSKOFF KOSKOFF & BIEDER, malpractice
P.C. (Bridgeport, CT) • Identify risks in documenting adverse outcome discussions with patients
• Charting and documentation procedures
Joseph A. Farchione, Partner, SUTTER, O’CONNELL &
what should be charted and who should do it?
•
FARCHIONE (Cleveland, OH)
• establishing a common system of charting for the entire perinatal team
Morning Networking Break • how to deal with unexplained gaps in charting
10:45
avoiding the pitfalls in both charting and fetal monitoring
•
• appropriate guidelines for late entries
The Absolute Key to an Effective Defense:
11:15
Using the Right Expert to Meet the Standard of John E. Hall, Jr. Partner, HALL, BOOTH, SMITH & SLOVER PC
(Atlanta, GA)
Care for the Delivery Team
There is nothing more important to the successful defense of a Margaret J. Davino, BSN JD, Partner, KAUFMAN BORGEEST & RYAN
baby brain injury case than the assistance and testimony of the (New York)
expert medical experts. While oral testimony from witnesses in a (Former General Counsel at St. Joseph’s Hospital and Medical Centre,
case must state facts and not opinions, the expert is allowed to New York)
state opinions and is therefore held to a different standard from
Dr. Jack Ludmir, Professor and Chairman, Obstetrics and Gynecology,
other witnesses. But proper preparation means finding multiple
Director of Obstetrics, HOSPITAL OF UNIVERSITY OF PENNSYLVANIA
expert witnesses in multiple different disciplines. In this
(Philadelphia, PA)
presentation, moderated by a prominent defense lawyer, hear two
Angelo Scaricamazza, Partner, NAULTY, SCARICAMAZZA and
of America’s most successful plaintiff lawyers and a well-known
McDEVITT LLC (Philadelphia, PA)
New York defense lawyer discuss the key to an effective case:
What specific types of experts to retain for evaluation of the
•
Karol Warwick-Russ, Group Vice-President, THE RISK MANAGEMENT
issues of the standard of care AND PATIENT SAFETY INSTITUTE (Lansing, MI)
Why specific experts must be used for the issues of causation
•
Afternoon Networking Break at 3:15PM
The experts required on the issues of damages
•
• How to assess and discredit experts in the case
End of Conference
4:45
Effectively using the ACOG standards in expert evidence
•
Register today! Call Dhaval: 416.597.4754 or e-mail: dhaval.thakur@iqpc.com
4

5. Pre-Conference Workshops
Monday, February 23, 2009
A B
10:00 a.m. – 1:00 p.m. 2:00 p.m. – 5:00 p.m.
How to Effectively Handle an Infant Brain Effective Strategies for Documenting and
Injury Case: Lessons from the Finest Disclosing Adverse Outcomes
It is difficult to litigate an infant brain injury case. It requires the It is vital for every obstetrician and nurse to keep proper
utmost skill and knowledge in all areas of personal injury law. documentation of an obstetrical procedure. When it comes to an
Nothing, however, is more important than an understanding of the adverse outcome, however, it is important to understand what is
medicine itself. Since not every brain injury is the result of required. If you’re an attorney, what are the key points that you
negligence on the part of the delivery team, any attorney who should be looking for? And what sorts of notations should instantly
handles such a case must become an expert in obstetrics and raise red flags?
gynecology. And, in cases such as these, where the damages can
How you will benefit:
now exceed $100 million, you can never have enough knowledge.
Examine the top techniques for effective obstetrical record
•
How you will benefit: maintenance
• Learn how to conduct an infant brain injury case from the very • Obtain cutting-edge strategies for improved documentation to
beginning to the very end manage risk
• Find out how to mesh the medicine with the legal aspects • Effectively communicate and document test results indicating fetal
• Understand what to look for in pretrial discovery abnormalities
• Find out how to ascertain liability, causation and damage issues • Learn how to gather information for reporting an unfavorable
outcome to hospital committees and insurers
What we will cover:
• How to ascertain liability What we will cover:
• How to deal with the medical information How to effectively communicate and document test results in an
•
• How to conduct pre-trial discovery to maximum advantage obstetrics situation
• Strategies for litigation • How to gather information for reporting an unfavorable outcome
to hospital committees and insurers
David R. Lucchese • The best techniques to effective obstetrical record maintenance
Partner • The duty to report errors made by someone and what to do about
GALLOWAY, LUCCHESE, EVERSON & PICCHI
it to avoid liability
(Walnut Creek, CA)
David R. Lucchese
Kathleen Nastri
Partner
Partner
GALLOWAY, LUCCHESE, EVERSON & PICCHI, P.C.
KOSKOFF KOSKOFF & BIEDER, P.C.
(Walnut Creek, CA)
(Bridgeport, CT)
Kathleen Nastri
Partner
KOSKOFF KOSKOFF & BIEDER
(Bridgeport, CT)
Standard
Pricing
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and services to high-level, targeted Conference +
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Obstetric Malpractice TM
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December 5th
Defending the Delivery Team:
Obstetric
Malpractice TM
Lessons Learned in the Defense of
Perinatal Brain Injury Cases
CLE CREDITS AVAILABLE
February 23-25, 2009 Philadelphia, PA
Register today! Call Dhaval: 416.597.4754 or e-mail: dhaval.thakur@iqpc.com