Handbook 1996 : Faculty of Law (Volume 3 page 218)
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Optional Law subject.
Prerequisite: Torts and Process of Law; History and Philosophy of Law.
Contact: 2 hours per week
Timetable: Both semesters
Objectives:
Students completing the subject should understand the legal relationship between the patient and the health care provider. They should understand the law on day-to-day consultations between the patient and the health professional. This includes the health professional's duty to inform the patient about proposed medical procedures and to take reasonable care in consultations, diagnosis and treatment. Students will understand the health professional's obligations in dealing with particular types of patient, such as children, the intellectually disabled, the mentally ill and the dying. They will also be familiar with the statutory provisions concerning particular kinds of treatment. They will know when a patient is entitled to gain access to his or her medical records, what information is confidential and the limits of the general requirement of confidentiality.
Content:
The course is designed around three themes. The first is The doctor/patient relationship. It examines the general legal and ethical obligations of health professionals to exercise reasonable care in diagnosis, information giving and treatment; to involve patients in decision-making; to act in their best interests; and the extent of their obligation to keep information confidential and to allow patients access to their records. Problems that may arise when treating particular types of patient are then considered - children and minors; women; gay/lesbian patients; Koori/NESB/other background patients; intellectually disabled, mentally ill, elderly and dying patients.The second theme is Ethics in medical decision-making. This considers how ethical principles/values may be taken into account in day-to-day practice (overriding the wishes of patients in their "best interests"; allocating resources; enrolling patients/volunteers in clinical trials); in statutory change (ascertaining community views in the law reform process - human tissue transplants and autopsies; IVF; embryo experimentation; withdrawal of treatment and euthanasia); and at common law (abortion; PVS patients).
The third theme is Disputes, compensation for injuries and maintaining standards. This examines the options available to patients and others to complain about health services or related matters and to obtain compensation for injuries. It also considers other means of maintaining standards of health service providers. It covers litigation against health professionals, hospitals, others; vicarious liability; and statutory complaint procedures (Guardianship and Administration Board; Mental Health Review Board; Health Services Commissioner; Medical Practitioners Board; other registration authorities).
Assessment:
Final Exam 3 hours (100 per cent) or Essay 7,500 words (100 per cent).Students will be expected to do two short class presentations.
Essay approved as a substantial piece of legal writing.
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 218)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.