Medical Litigation

Subject LAWS70225 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

August, Parkville - 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: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

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
  • Victorian Civil and Administrative Tribunal (VCAT) disciplinary hearings
  • Coroners' investigations
  • Procedures at inquests
  • Role of coroners' findings and recommendations
  • Criminal prosecutions of health practitioners in the Magistrates', County and Supreme Courts.
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 instructions to be given to solicitors and counsel and the preparation for hearing
  • Have thought through the role of regulatory inquiries and disciplinary proceedings against health practitioners
  • Have 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.
Assessment:

10,000 word research paper (100%) (29 November) on a topic approved by the subject coordinator

Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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