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77734 Law and Medicine

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): (70311 Torts AND 70617c Administrative Law) OR 78101c Postgraduate Legal Research OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76045 Medicine and Law AND 78148 Law and Medicine

Description

This subject deals with the aspects of law relevant to health care. There are many issues that can arise as health law is an ever evolving and diverse area. It is subject to both local and overseas influences and regulation is challenging. When studying health law, many areas must be considered, such as: human rights, ethical practice, the advancement of medical technology, social policy, governance and the many vested interests. The subject examines the issues that confront health-care professionals and their patients and peers, in particular in the context of continuing systemic and resource problems. This includes the handling of complaints against health-care practitioners, the regulation of the various health professions, the outcome of parliamentary inquiries and the history and findings of the various royal commissions. Other important areas such as medical negligence, consent to treatment, access to and ownership of medical records, privacy and confidentiality, euthanasia, wrongful birth, wrongful life and abortion, complementary and alternative medicine, organ donation, public health law issues such as tobacco, alcohol and obesity are examined and discussed.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. build and elaborate on basic legal concepts acquired in previous law core subjects and apply them in the area of health care law;
2. consider and research issues in relation to consent, access to medical records, negligence, privacy and confidentiality, abortion, wrongful birth, wrongful life, euthanasia, mental health, complementary and alternative medicine, organ donation, public health and the influence and challenge of medical technology innovations;
3. study the regulation of health care; develop a critical awareness of the issues that health professionals are faced with and how the law impinges on the decision-making process in day to day practice; analyse recent developments in medical negligence case law;
4. critically assess the systemic issues that impact on health professionals;
5. examine the professional competence of doctors and health professionals.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0)
  • Communication and Collaboration
    Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)

Teaching and learning strategies

Strategy 1 Face to face teaching
Strategy 2 The lecturer will facilitate learning through a combination of class discussion, lecture, UTS Online and video. Small group teaching.
Strategy 3 Students will contribute to online discussion on issues that arise from the topics
Strategy 4 Students will be encouraged to participate in class discussion

Subject Delivery

This subject is taught as an intensive subject over five days. Four topics will be covered each day of the first block teaching (12 topics in total). Powerpoint notes will be placed on UTS Online to accompany the topic.

Lecture Format:

Small group teaching format where students will have the opportunity to participate in class discussion.

Content (topics)

1. Introduction to Health Law- What are the major legal and ethical issues?

2. The Legal Duties of Doctors, Nurses and Allied Health Professionals/The role

of Inquiries/disciplinary matters.

3. Consent to Medical Procedures –adults, children and adults who lack capacity

4. Doctor’s Duty to Provide Information-Negligence Issues and defences

5. Access to Health Records- ownership issues, Privacy and confidentiality

6 Abortion, surrogacy and Assisted Reproductive Technology

7. Withdrawal of Life- Sustaining Treatment , Euthanasia and assisted suicide, Doctrine of double effect

8. Medical Technology and Devices, Ethics and Regulation

9. Complementary and alternative medicine

10. Public Health law issues –obesity, sugar, tobacco, alcohol, solariums

11. Neuroscience and Law

12. Death, Coronial Inquiries, Organ and tissue donation

Assessment

Assessment task 1: Class Participation

Objective(s):

This task addresses the following subject learning objectives:

1, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

3.0 and 5.0

Weight: 10%

Assessment task 2: Oral presentation

Intent:

To test students understanding of the relevant subject matter -To develop and evaluate skills of critical analysis -To develop and improve verbal communication and presentation skills
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

3.0, 4.0 and 5.0

Weight: 15%
Length:

Maximum of 20 minutes for presentation. Questions and discussion are permitted and encouraged after presentations.

Assessment task 3: Written component

Intent: To test understanding of a topic area -To develop and evaluate skills of critical analysis -To develop and improve written communication skills
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

3.0, 4.0 and 5.0

Weight: 25%
Length:

2000 words plus or minus 10% excluding footnotes. A one page bibliography is required (Not counted in the word count).
Criteria:

Marking criteria will be placed on UTS Online with the questions

Assessment task 4: Final Examination

Intent: To test knowledge and understanding of material studied in subject
Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

3.0, 4.0 and 5.0

Weight: 50%
Length:

No word limit. As a guide about 10-12 pages excluding bibliography. Students should focus on answering as concisely (yet thoroughly as possible). A no word limit can be challenging however the aim is to allow the paper to be less restrictive. The time limit of one week also means that students will be limited with their writing. Journals and other secondary sources are encouraged to be used. A bibliography is required but NOT counted in the suggested 10-12 pages. See the UTS Guide to Communication for referencing requirements.

Required texts

This semester we will be using The Patient and the Practitioner- Health Law and Ethics in Australia- Sonia Allan and Meredith Blake- Lexis Nexis (2014).

Recommended texts

Bennett B (ed), Health, Rights and Globalisation, Aldershot, Ashgate, 2006. Bennett B, Carney T and Karpin K (eds) Brave New World of Health, The Federation Press, 2008. Devereux John, Australian Medical Law (3rd edition) Routledge -Cavendish Publishing, 2006. Freckelton I, Petersen K (eds), Disputes and Dilemmas in Health Law, The Federation Press, 2006. Freckelton I (ed), Regulating Health Practitioners, The Federation Press, 2006. Freeman M, Children, medicine and the law, Aldershot, Ashgate, 2005. Freeman M, Law and Neuroscience, Current Legal Issues Vol 13, Oxford 2011. Freeman M, Goodenough O, Law, Mind and Brain, Ashgate 2009. Forrester K and Griffiths D, Essentials of law for Health professionals, Elsevier 2005. Garland B, Neuroscience and the Law, Dana Press 2004. Herring J, Medical Law and ethics, Oxford University Press, 2006. Kennedy R, Allied Health Professionals and the Law, The Federation Press, 2008. Kerridge I, Lowe M and Stewart C, Ethics and Law for the Health Professions, 3rd edition, The Federation Press, 2009. McLean S (ed), First do no harm, law, ethics and healthcare, Aldershot, Ashgate, 2006. McIlwraith J and Madden B, Health Care and the Law, 5th edn. Lawbook 2010. Reynolds C, Public and Environmental Health Law, The Federation Press, 2011. Skene L, Law and Medical Practice: Rights, Duties, Claims and Defences, 3rd edition, LexisNexis Butterworths, 2008. Spranger T, International Neurolaw, A Comparative analysis, Springer 2012. Ben White, Fiona McDonald, Lindy Willmott, Health Law in Australia, Thomson 2010.

Other resources

Other Materials: Reports, Journals and General References

  • Journal of Law and Medicine –Lawbook online
  • Halsburys Laws of Australia-Medicine
  • Journal of Traditional-Medicine Society
  • British Medical Journal- BMJ online
  • Journal of Medical Ethics Legal Medicine
  • Torts Law Journal
  • Medical Journal of Australia- http://www.mja.com.au/
  • Australian Health and Medical Law Reporter

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