University of Technology Sydney

77734 Law and Medicine

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 2025 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): (70311 Torts AND 70617c Administrative Law) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International 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. See access conditions.
Anti-requisite(s): 76045 Medicine and Law 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.
2. Engage in 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 and critique and justify law reform options.
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 or blended. Current mode is block intensive.

Content (topics)

  1. Introduction to health law and the health system
  2. Regulation of health practitioners
  3. Consent to medical treatment – adults, children and people considered to lack capacity
  4. Healthcare negligence and patient safety
  5. Access to information, privacy and confidentiality
  6. Law, ethical issues and the beginning and end of life
  7. Medical research, ethics and regulation

Assessment

Assessment task 1: Class Participation

Intent:

Seminars in this subject provide students with a low-risk environment in which to discuss, resolve and reflect on law and policy problems and issues.

Objective(s):

This task addresses the following subject learning objectives:

1, 3, 4 and 5

This task contributes specifically to the development of the following graduate attributes:

LAW.3.1, LAW.4.1 and LAW.5.1

Weight: 15%
Criteria:
  • Effective preparation for each seminar;
  • Regular and active participation in seminars, including reflective discussion of the week’s readings and connecting those readings to broader course themes;
  • Collaborative engagement in class and small group discussion;
  • Logical, succinct and persuasive oral presentation of findings and arguments to the class

Assessment task 2: Research Essay

Intent:

This assessment will give students an opportunity to practice their legal research, critical analysis and evaluation skills and to develop arguments about ethical and/or law reform issues in health law.
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:

Up to 1499 words, excluding referencing
Criteria:
  • Identifies and explains relevant law.
  • States and justifies a position, using well-reasoned, justifiable and logical claims.
  • Demonstrates advanced critical thinking skills through analysing and developing arguments.
  • Demonstrates appropriate research and use of relevant sources.
  • Critically considers implications.
  • Clarity and professionalism in written expression.

Assessment task 3: Take Home Exam

Intent:

This assessment gives students an opportunity to apply their learning of health law issues, develop critical analysis skills and synthesise course concepts and materials.
Objective(s):

This task addresses the following subject learning objectives:

1, 3, 4 and 5

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:

Up to 1999 words (excluding referencing)
Criteria:
  • Demonstrates understanding of course concepts and incorporates discussion of relevant course materials.
  • Identifies and critically evaluates law and policy issues and contextualises the discussion in broader ethical and political debates.
  • Logical, succinct and persuasive written presentation.

Required texts

Required readings are posted on Canvas. There is no required textbook for this subject.

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)