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78148 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: 8 cp
Result type: Grade and marks

Requisite(s): ( 78100c Postgraduate Legal Research OR ((102 credit points of completed study in spk(s): C04236 Juris Doctor OR 102 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76045 Medicine and Law AND 77734 Law and Medicine

Description

This subject deals with the interface between law and medicine. It provides a specialist examination of the issues which confront both health care providers and their patients in the context of continuing systemic and resource problems. These issues include the handling of complaints against health care professionals and the regulation of the professions, the duties of doctors and medical negligence, consent to treatment, access to medical records and confidentiality, and alternative or complementary medicine.

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, 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;
4. critically assess the systemic issues that impact on health professionals;
5. examine the professional competence of doctors and health professionals;
6. 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;
7. analyse recent developments in medical negligence case law.

Course intended learning outcomes (CILOs)

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

  • Legal Knowledge
    An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0)
  • Ethics and Professional Responsibility
    An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment (2.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)
  • Research Skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0)
  • Communication and Collaboration
    Effective and appropriate professional 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)
  • Self Management
    A high level of autonomy, accountability and professionalism, the ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change (6.0)

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
Law and Medicine is taught as an Intensive subject over five days. Four topics will be covered in each day of the first block teaching (12 topics in total).

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? How does Bioethics play a role?
  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 the mentally incompetent
  4. Doctors duty to provide information-negligence issues and defences
  5. Injuries caused by Medical Treatment - negligence
  6. Access to medical records- ownership issues/FOI
  7. Privacy and Confidentiality
  8. Withdrawal of treatment and Euthanasia/adults and children
  9. Abortion and wrongful birth
  10. Complementary and alternative medicine
  11. Public Health Law issues- obesity, tobacco, SARS
  12. Organ donation

Assessment

Assessment task 1: 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, 5, 6 and 7

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

1.0, 3.0, 4.0 and 6.0

Weight: 25%
Length: 2000 words excluding footnotes
Criteria:

Marking criteria will be placed on UTS Online with the questions

Assessment task 2: Research Paper

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, 5, 6 and 7

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

1.0, 2.0, 3.0, 4.0, 5.0 and 6.0

Weight: 50%
Length:

5,000-6,000 words

Required texts

White B, McDonald F, Willmott L, Health Law in Australia, Lawbook Co.2010

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, TheFederation 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.

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

Useful Websites