Subjects 2009
Foundations of Medical Law 730858
- Credited Courses: Graduate Diploma in Health and Medical Law 343; Master of Health and Medical Law 507; Master of Laws (LLM) 502
Objectives
A student who has successfully completed this subject should:
- Understand the basic law and ethics relating to the relationship between a health professional and a patient
- Be familiar with legislation, guidelines and the common law governing particular procedures Know the issues that may arise in litigation
- Be aware of the recommendations of the Panel of Eminent Persons to Review the Law of Negligence (the Ipp Committee) (Review of the Law of Negligence, Second Report, Canberra, September 2002) and the extent to which they have been implemented in legislation
- Have considered the implications of those statutory changes, especially in relation to medical negligence cases
- Have formed a view on whether the law should be amended further, including the possibility of no-fault compensation.
Syllabus
Principal topics will include:
- General principles of common law liability
- Consent to and refusal of medical procedures
- Substitute decision making
- Privacy and confidentiality
- Status of the foetus and abortion
- Sterilisation
- Euthanasia and non-treatment
- Wrongful birth and wrongful life
- Genetics and law
- Human tissue regulation
