LAWS 3050 Medical Law

This is an archived copy of the 2021-2022 catalog. To access the most recent version of the catalog, please visit https://hbook.westernsydney.edu.au.

Credit Points 10

Legacy Code 200856

Coordinator Timothy Bowen Opens in new window

Description This unit aims to provide knowledge and understanding of Australian medical law, including some cutting edge legal and policy issues that arise in this field. Medical law is an exceptionally vibrant and challenging field, underpinned by the rapid pace of scientific and social developments that generate new issues for medicine and for the law. Many of the more challenging issues for the law are at the core of policy - birth and reproduction, choice and responsibility, life and death.

School Law

Discipline Legal Practice

Student Contribution Band HECS Band 4 10cp

Check your HECS Band contribution amount via the Fees page.

Level Undergraduate Level 3 subject

Pre-requisite(s) LAWS 2013 AND
LAWS 3082 AND
LAWS 2008 AND
LAWS 2004 AND
LAWS 2003

Learning Outcomes

On successful completion of this subject, students should be able to:
  1. Identify and evaluate medico legal principles from primary and secondary legal sources.
  2. Analyse and apply legal principles to specific medical fact situation.
  3. Analyse and describe the relationship between law, medicine and ethics.
  4. Evaluate recent and potential areas appropriate for medical law reform.
  5. Communicate effectively, orally and in writing.
  6. Identify and evaluate the key concepts and principles of medical law.

Subject Content

Privacy, confidence and medical record access.
Consent / trespass; consent / incapacity; Intentional act / harm claims
Negligence - Dury and breach, conflicting duties.
Civil liability legislation impacts
Limitation periods
Assessment of damages
Expert evidence and immunity.
Beginning and end of life
Discipine, mandatory reporting and crime
Coronial jurisdiction
Wrongful life and birth
Causation
Appportionment
Duties to third parties
Vicarious liability and non delegable duties
Mental harm claims
Contract and Austraian Consumer Law claims
Medicare
Insurance
Alternative dispute resolution
Open disclosure

Assessment

The following table summarises the standard assessment tasks for this subject. Please note this is a guide only. Assessment tasks are regularly updated, where there is a difference your Learning Guide takes precedence.

Item Length Percent Threshold Individual/Group Task
Multiple Choice Quiz 30 minutes 10 N Individual
Case Study: Problem Question 3000 words including footnotes. 35 N Individual
Short Answer Test 30 minutes 20 N Individual
Assignment 3000 words including footnotes 35 N Individual

Prescribed Texts

  • William Madden and Janine McIlwraith, Australian Medical Liability (LexisNexis Butterworths, 2nd ed, 2013)

Teaching Periods

Spring

Parramatta - Victoria Rd

Evening

Subject Contact Timothy Bowen Opens in new window

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Structures that include subject