Medical Litigation

This subject has the following teaching availabilities in 2009:

Objectives:

A student who has successfully completed this 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
• Doctor–patient 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 (Vic)
• 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%) (2 July) (topic approved by the subject coordinator)

This subject is not available as a breadth subject.

Objectives:

A student who has successfully completed this 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
• Doctor–patient 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 (Vic)
• 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%) (2 July) (topic approved by the subject coordinator)