Medical Litigation

Subject 730-860 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points:

12.500

Level:

Graduate/Postgraduate

Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 1, - Taught on campus.

Pre-teaching Period Start	not applicable
Teaching Period	not applicable
Assessment Period End	not applicable
Last date to Self-Enrol	not applicable
Census Date	not applicable
Last date to Withdraw without fail	not applicable

Timetable can be viewed here. For information about these dates, click here.

Time Commitment:

Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.

Prerequisites:

N.A.

Corequisites:

N.A.

Recommended Background Knowledge:

None

Non Allowed Subjects:

None

Core Participation Requirements:

N.A.

 CoordinatorProfessor Ian Freckelton 

Subject Overview:	Objectives: A candidate who has successfully completed the subject should: Understand the procedure of litigation in relation to medical injuries from the time an injury first occurs to the hearing in court Have examined from the perspective of both patient and health professional the investigation and clarification of issues, the gathering and admissibility of evidence, the instruction to be given to solicitors and counsel, and the preparation for hearing Thought through the role of regulatory inquiries and disciplinary proceedings against health practitioners Analysed the role of coroners investigations and inquests in making health practitioners accountable Have had regard to the role of the criminal law in health practitioners accountability. Syllabus: Principal topics will include: Solicitors practices in taking instructions from clients Access to records as a prerequisite to litigation Obtaining opinions from medical experts Issues related to the obligation of confidentiality Doctorpatient and legal professional privilege The role of expert evidence in medical litigation Discovery procedures in various courts and tribunals How litigation is commenced: Writ, service of writ, statements of claim and defence Interrogatories Parties to litigation, joining third parties Subpoena, summons to witness to appear and produce documents, admissibility of various documents in evidence Disciplinary investigations under the Health Professions Registration Act 2005 Professional Standards Panel hearings VCAT disciplinary hearings Coroners investigations Procedures at inquests Role of coroners findings and recommendations Criminal prosecutions of health practitioners in Magistrates, County and Supreme Courts
Assessment:	Research paper 10,000 words (100%) (17 July) (topic approved by the subject coordinator)
Prescribed Texts:	Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:	This subject is not available as a breadth subject.
Fees Information:	Subject EFTSL, Level, Discipline & Census Date
Generic Skills:	Please see the Subject Objectives for this information.
Links to further information:	730-860Medical LitigationMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008 Objectives: A candidate who has successfully completed the subject should: Understand the procedure of litigation in relation to medical injuries from the time an injury first occurs to the hearing in court Have examined from the perspective of both patient and health professional the investigation and clarification of issues, the gathering and admissibility of evidence, the instruction to be given to solicitors and counsel, and the preparation for hearing Thought through the role of regulatory inquiries and disciplinary proceedings against health practitioners Analysed the role of coroners investigations and inquests in making health practitioners accountable Have had regard to the role of the criminal law in health practitioners accountability. Syllabus: Principal topics will include: Solicitors practices in taking instructions from clients Access to records as a prerequisite to litigation Obtaining opinions from medical experts Issues related to the obligation of confidentiality Doctorpatient and legal professional privilege The role of expert evidence in medical litigation Discovery procedures in various courts and tribunals How litigation is commenced: Writ, service of writ, statements of claim and defence Interrogatories Parties to litigation, joining third parties Subpoena, summons to witness to appear and produce documents, admissibility of various documents in evidence Disciplinary investigations under the Health Professions Registration Act 2005 Professional Standards Panel hearings VCAT disciplinary hearings Coroners investigations Procedures at inquests Role of coroners findings and recommendations Criminal prosecutions of health practitioners in Magistrates, County and Supreme Courts Research paper 10,000 words (100%) (17 July) (topic approved by the subject coordinator) N.A.N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Professor Ian FreckeltonLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730860P12.500Semester 1NLawLaw730-860

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