Dear
list
members,
Please
find
below an invitation to the first seminar in the ESRC Seminar
Series 2015-2017
‘Liability versus innovation: unpacking key connections’ which
will be held in QUT,
Brisbane, December 17 2015.
Could
I
also use this opportunity to circulate date claimers to the
remaining five
seminars:
Seminar 2:
Does
liability stifle innovation: economic models and anecdotal
findings (Keele, 18 April
2016)
This seminar has four related aims. First, to learn
from anecdotal
evidence brought forward by regenerative medicine and other
clinicians and
researchers suggesting that the problem exists. Second, to
examine conflicting findings
in the literature of whether liability stifles innovation or
not. Third, to
explore, mainly from a health economics perspective, the
methodological
difficulties involved in defining and measuring levels of
innovation. Finally,
to scrutinise assumptions, methodologies and findings on the
effect of changes
in malpractice liability rules on level of innovation.
Seminar 3: The Access
to Medical Treatments (Innovation) Bill:
significant change,
or much ado about nothing? (Durham, 15 September 2016)
A major policy oriented response to the fear from
stifled innovation
is the introduction of the Medical Innovation Bill by Lord
Saatchi. In its
latest form the Access to Medical Treatments (Innovation)
Bill
would add to the common law Bolam's common professional practice
'defence' a
statutory defence which hinges on a pre treatment peer review of
the benefits
and risks of the proposed treatment, alternative treatments, and
no treatment.
The seminar will explore the significance and desirability of
the Bill, and the
best wat forward, by bringing together academics,
representatives of the Bill's
team, clinicians, patient rights' advocates and legal
practitioners.
Seminar 4: The effect of disciplinary proceedings
(QUT, Brisbane, 22
February 2017)
Clinicians are likely to be more wary of disciplinary
proceedings than
of malpractice suits. Yet, curiously, much of the defensive
medicine research
focuses solely on tort liability to the neglect of disciplinary
proceedings.
Seminar 4 will begin to fill this void by looking into
disciplinary proceedings
in the context of innovative treatments and their supposed
consequences,
drawing on the experience of academics, clinicians, legal
practitioners and
regulators.
Seminar 5: Thinking outside the box: Strict liability and
offsetting risks (Keele,
4 May 2017)
The Medical Innovation Bill's solution in its various
iterations still
works within the confines of received wisdom: (a) fault-based
liability, (b)
full compensation and (c) the patient's best interest as a
governing principle
to determine whether offering the innovative treatment is
negligent. Seminar 5
will question this received wisdom. It will examine, first, the
case for strict
liability towards patients injured from innovative treatments;
and then, the
case for and against determining (= standard of care) and
reducing (=
compensation) the physician's liability based on benefits to
others.
Seminar 6: The regulation of research (Keele, 14
September 2017)
This seminar will examine the relationship between the
regulation of
research, and of innovative treatments and the effects on
innovation. Issues to
be addressed include the distinction between innovative
treatment and research;
the relative threat of tort law and regulation on innovation in
research; and
whether the level of compensation to research subjects stifles
innovation.
We
will
be circulating more information on the seminars in due course.
With
best
wishes,
Tsachi
|
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Please
also note zoom conferencing information, for those
(including in the UK and elsewhere) who would like to
attend virtually.
QUT Videoconference is inviting you
to a scheduled Zoom meeting.
Topic: QUT Videoconference’s Zoom
Meeting
Time: Dec 17, 2015 9:30 AM
(GMT+10:00) Brisbane
Join from PC, Mac, iOS or Android:
https://qut.zoom.us/j/603918839?pwd=a2mL%2BUPFxP%2BxSKIWsaNbmg%3D%3D
Password: healthlaw
Join from dial-in phone line:
Dial: +61 2 8015 2088
Meeting ID: 603 918 839
International numbers available: https://qut.zoom.us/zoomconference?m=wWwluUiIeMTaiwQsxrY0sgu8XPVqzlX3
Join from a H.323/SIP room system:
Dial: 61262227588
or H323:603 918 839@182.255.112.21
(From Cisco) or H323:182.255.112.21##603 918 839 (From
LifeSize, Polycom) or 162.255.36.11 or 162.255.37.11
(US)
Meeting ID: 603 918 839
Password: 859941
For assistance
with registering for zoom conferencing please contact:
sharon.mcguire@qut.edu.au
Kind
regards
Tina
Associate Professor Tina Cockburn TEP
Website:
http://staff.qut.edu.au/staff/cockburn/
Select
publications: http://eprints.qut.edu.au/view/person/Cockburn,_Tina.html/
ESRC
Seminar Series 2015-2017 ‘Liability v Innovation:
Unpacking Key Connections’
Member,
Australian Centre for Health law Research: http://www.qut.edu.au/research/achlr
Faculty of Law | Queensland University
of Technology I 2
George Street Brisbane Australia 4000 I CRICOS No. 00213J
phone: 07 3138 2003 | fax: 07 3138 2121
| email: t.cockburn@qut.edu.au
