Foundations of Medical Law

Subject 730-858 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points:
Level: Graduate/Postgraduate
Dates & Locations: 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 candidates background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Understand the basic law and ethics relating to the relationship between a health professional and a patient
  • Be familiar with legislation, guidelines and the common law governing particular procedures Know the issues that may arise in litigation
  • Be aware of the recommendations of the Panel of Eminent Persons to Review the Law of Negligence (the Ipp Committee) (Review of the Law of Negligence, Second Report, Canberra, September 2002) and the extent to which they have been implemented in legislation
  • Have considered the implications of those statutory changes, especially in relation to medical negligence cases
  • Have formed a view on whether the law should be amended further, including the possibility of no-fault compensation.

Syllabus:

Principal topics will include:

  • General principles of common law liability
  • Consent to and refusal of medical procedures
  • Substitute decision making
  • Privacy and confidentiality
  • Status of the foetus and abortion
  • Sterilisation
  • Euthanasia and non-treatment
  • Wrongful birth and wrongful life
  • Genetics and law
  • Human tissue regulation
Assessment:
  • Research paper proposal (10%): Maximum three pages, including synopsis, research methods and initial bibliography (topic approved by the subject coordinator)
  • Research paper 9,000 words (90%) (18 May)
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: 730-858Foundations of Medical LawMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

Objectives:

A student who has successfully completed this subject should:

  • Understand the basic law and ethics relating to the relationship between a health professional and a patient
  • Be familiar with legislation, guidelines and the common law governing particular procedures Know the issues that may arise in litigation
  • Be aware of the recommendations of the Panel of Eminent Persons to Review the Law of Negligence (the Ipp Committee) (Review of the Law of Negligence, Second Report, Canberra, September 2002) and the extent to which they have been implemented in legislation
  • Have considered the implications of those statutory changes, especially in relation to medical negligence cases
  • Have formed a view on whether the law should be amended further, including the possibility of no-fault compensation.

Syllabus:

Principal topics will include:

  • General principles of common law liability
  • Consent to and refusal of medical procedures
  • Substitute decision making
  • Privacy and confidentiality
  • Status of the foetus and abortion
  • Sterilisation
  • Euthanasia and non-treatment
  • Wrongful birth and wrongful life
  • Genetics and law
  • Human tissue regulation
  • Research paper proposal (10%): Maximum three pages, including synopsis, research methods and initial bibliography (topic approved by the subject coordinator)
  • Research paper 9,000 words (90%) (18 May)
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 candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.LawLawYNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730858730-8582

Download PDF version.