76045 Medicine and Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 70311 Torts AND 70617c Administrative Law
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 77734 Law and Medicine AND 78148 Law and Medicine
Description
This subject deals with the aspects of law relevant to healthcare, with a focus on the patient-practitioner relationship. Topics include: legal foundations of the health care system; health practitioner regulation; negligence; consent to treatment; privacy and confidentiality of health information; law, ethical issues and the beginning and end of life; and medical research involving human participants. The subject considers intersecting legal, ethical and policy issues in the contemporary Australian context, with some international comparisons.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Apply legal principles to a range of health law problems, including elaborating on legal concepts learned in previous subjects; |
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| 2. | Conduct research on health law topics, including locating and critically analysing legal and health sources; |
| 3. | Assess different legal and policy approaches to health law problems. |
| 4. | Initiate and complete self-directed learning through engagement with materials to prepare for class discussion and activities. |
| 5. | Communicate effectively in writing and orally, demonstrating an ability to inform, analyse, report and persuade. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
Teaching and learning strategies
Strategy 1: Student preparation. Students complete assigned readings and other preparatory activities prior to attending seminars. Students come to class ready to participate and engage in informed discussions.
Strategy 2: Discussion and collaboration. Discussions and collaboration provide an opportunity for students to critically explore, analyse and reflect on the subject topics. Discussions include oral and written contributions.
Strategy 3: Research. Students undertake independent research relevant to class discussion and assessment tasks. Students develop and refine skills in identifying and synthesising relevant material and deploy it to make reasoned, logical, justifiable and persuasive written and oral arguments.
Strategy 4: Feedback. Students receive early and ongoing feedback on their preparation, discussion and collaboration. Students also receive individual feedback on formal assessment tasks.
Subject Delivery: Subject delivery may be online, face-to-face or blended. Mode may vary between weekly timetabling and block intensive.
Content (topics)
- Introduction to health law and the health system
- Regulation of health practitioners
- Consent to medical treatment – adults, children and people considered to lack capacity
- Healthcare negligence and patient safety
- Access to information, privacy and confidentiality
- Law, ethical issues and the beginning and end of life
- Medical research, ethics and regulation
Assessment
Assessment task 1: Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1 and LAW.5.1 |
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| Weight: | 15% |
| Length: | Not applicable |
| Criteria: |
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Assessment task 2: Written assessment
| Intent: | To test understanding of a topic area; to develop and evaluate skills of critical analysis; to develop and improve written communication skills |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1 and LAW.5.1 |
| Weight: | 40% |
| Length: | 1500 words |
| Criteria: | Students will prepare a written assessment that requires them to take and argue a position on a health law topic/problem. Further instructions will be provided on Canvas. Assessment criteria:
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Assessment task 3: Take-home exam
| Intent: | To test knowledge and understanding of material studied in subject |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1 and LAW.5.1 |
| Weight: | 45% |
| Length: | 1500 words |
| Criteria: |
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Required texts
Required readings will be available on Canvas. There is no prescribed textbook.
Recommended texts
White B, McDonald F and Willmott L, Health Law in Australia (Thomson Reuters, 2018, 3rd ed) - ebook available via UTS Library
Allan S & Blake M, Australian Health Law (LexisNexis Butterworths, 2018)
Farrell A et al, Health Law: Frameworks and Context (Cambridge University Press, 2017)
Freckelton I & Petersen K, Tensions and Traumas in Health Law (Federation Press, 2017)