Health Law: Patient Protection

This subject is not offered in 2016.

The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

This subject will examine patients’ expectations and legal rights when receiving health care; their avenues for complaint and compensation; and accountability mechanisms (including professional discipline) for protecting the public in the event of health, performance or conduct problems involving a health practitioner. The focus will be on patients and health practitioners in Australia and New Zealand.

Principal topics include:

• Patient safety
• Patients’ needs and rights following an adverse event
• Open disclosure
• Defensive medicine
• Health practitioner regulation (including the Australian Health Practitioner Regulatory Scheme)
• Health complaint systems in Australia and New Zealand.

A student who has successfully completed this subject will:

• Have an advanced and integrated understanding of the significance of patient safety as a health policy issue
• Be aware of the needs of patients following an adverse event
• Have critically examined the meaning of ‘open disclosure’, what it means and why it matters; and be able to provide a detailed critique of the concept and its practical operation.
• Be a well informed and engaged participant in debate regarding barriers to patient safety, including medical litigation
• Have a detailed understanding of the legal responsibilities of clinicians, managers and boards
• Be able to critically examine, analyse, interpret and assess the regulation of health professionals in Australia and New Zealand
• Have an advanced understanding of the use of regulatory levers to improve patient safety
• Have a sophisticated appreciation of health complaint systems in Australia and New Zealand
• Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of patients’ rights and public protection.

10,000 word research paper (100%) (10 February 2016) on a topic approved by the subject coordinator

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.

This subject has a quota of 30 students. Please refer to the website www.law.unimelb.edu.au/masters/courses-and-subjects/subjects/subject-timing-and-format for further information about the management of subject quotas and waitlists.