Health and Medical Law

This subject has the following teaching availabilities in 2009:

Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory or in each case their equivalents.

For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.

It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability

This subject considers the legal relationship between patients and health care providers. It explains the duty of health care providers to exercise reasonable care in diagnosis, information giving and treatment; and to involve patients in decision making and the extent of a health professional's obligation to respect patients' privacy, to keep information confidential and to allow patients access to their records. The law on surrogate decision making for patients who may not be able to make their own decisions will be discussed; these patients include children, adolescents, intellectually disabled and mentally ill patients and the terminally ill and dying. The law on abortion, child destruction, wrongful birth and wrongful life is examined.

On completion of this subject, students should be able to:

• Provide legal advice to doctors and patients on their rights in relation to disputes about medical treatment, including litigation and other complaint mechanisms.
• Outline the type and amount of information that doctors must give patients before they consent to particular medical procedures, giving examples from legal cases.
• Explain when patients are entitled to gain access to their medical records and when doctors and hospitals may legally deny access.
• Advise doctors and patients on the requirements of confidentiality and privacy in relation to medical records and information; and the limits on the duty of confidentiality.
• Present arguments for the prosecution and the defence in cases where a doctor might be charged with a criminal offence arising from medical treatment (unlawful withholding or withdrawal of treatment; euthanasia; abortion; child destruction).
• Critically evaluate the role of the medical profession in the community and the rights of people seeking access to medical services.

Final open book examination of three hours, 100%.

This subject is not available as a breadth subject.

On completion of the subject, students should have developed the following generic skills:

• attitudes towards knowledge that include valuing truth, openness to new ideas and ethics associated with knowledge creation and usage
• the capacity for close reading and analysis of a range of sources
• the capacity for critical and independent thought and reflection
• the capacity to solve problems, including through the collection and evaluation of information
• the capacity to communicate, both orally and in writing
• the capacity to plan and manage time
• intercultural sensitivity and understanding

In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:

• The ability to tailor legal advice to plaintiffs and defendants in the course of litigation.
• An awareness of non-legal means of resolving disputes and their advantages and disadvantages.
• Some understanding of the ethical values underlying professional decision making.
• The ability to apply some critical perspectives in analysing legal issues and examining law in a broad social context.