Subjects 2009
Medical Litigation 730860
- Credited Courses: Graduate Diploma in Dispute Resolution 498; 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 procedure of litigation in relation to medical injuries from the time an injury first occurs to the hearing in court
- Have examined from the perspective of both patient and health professional the investigation and clarification of issues, the gathering and admissibility of evidence, the instruction to be given to solicitors and counsel, and the preparation for hearing
- Thought through the role of regulatory inquiries and disciplinary proceedings against health practitioners
- Analysed the role of coroners’ investigations and inquests in making health practitioners accountable
- Have had regard to the role of the criminal law in health practitioners’ accountability.
Syllabus
Principal topics will include:
- Solicitors’ practices in taking instructions from clients
- Access to records as a prerequisite to litigation
- Obtaining opinions from medical experts Issues related to the obligation of confidentiality
- Doctor–patient and legal professional privilege
- The role of expert evidence in medical litigation
- Discovery procedures in various courts and tribunals
- How litigation is commenced: Writ, service of writ, statements of claim and defence
- Interrogatories
- Parties to litigation, joining third parties
- Subpoena, summons to witness to appear and produce documents, admissibility of various documents in evidence
- Disciplinary investigations under the Health Professions Registration Act 2005 (Vic)
- Professional Standards Panel hearings
- VCAT disciplinary hearings
- Coroners’ investigations
- Procedures at inquests
- Role of coroners’ findings and recommendations
- Criminal prosecutions of health practitioners in Magistrates, County and Supreme Courts.
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| Ian Freckelton SC |