730-386 Health and Medical Law

Credit Points

Coordinator

Prerequisites

Torts and Process of Law; History and Philosophy of Law.

Semester

Contact

Subject Description

This subject considers the legal relationship between patients and health care providers. It explains the duty of health care providers 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 a health professional's obligation to keep information confidential and to allow patients access to their records. The special rights, needs and interests of particular patients will be discussed; these include men, women, children, adolescents, Koori and non-English speaking background patients, gay and lesbian patients, mentally ill and intellectually disabled patients and the terminally ill and dying. This discussion in turn involves a critical analysis of the real, as opposed to theoretical, rights that people have in gaining access to health services and in complaining about inadequate services. The options for solving complaints and disputes are examined: litigation; the Health Services Commissioner and registration bodies. Students will undertake a research essay on a topical issue in health care.

Assessment

Research Essay 5000 words (100%).

Students are expected to participate actively in class.

Prescribed Texts

The prescribed textbook is in preparation and will be published early 1998.