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Medical Litigation (LAWS70225)
Graduate coursework level 7Points: 12.5Online and On Campus (Parkville)
From 2023 most subjects will be taught on campus only with flexible options limited to a select number of postgraduate programs and individual subjects.
To learn more, visit COVID-19 course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
May
Lecturer
Bill Madden (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
October
Lecturer
Bill Madden (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
| Availability(Quotas apply) | May - Online October - On Campus |
|---|---|
| Fees | Look up fees |
As we rapidly approach the 30th anniversary of the landmark Australian medical law decision Rogers v Whitaker in 2022, medical litigation remains a vibrant and challenging field, given the rapid pace of scientific and social developments that generate new challenges for the law. Many are at the core of personal importance - birth, reproduction and personal autonomy. The legal issues are wide-ranging, covering the existence of duties, what should be considered negligent, the challenges of legal causation and appropriate compensation- all against a background of insurance affordability, medical treatment innovations and dispute resolution process changes.
This subject examines the framework of medical litigation, current challenges and issues on the horizon. The subject coordinator Bill Madden is a lawyer specialising in medical litigation, a co-author of two health law texts and a regular writer and presenter on medical law topics.
Principal topics include:
- History and incidence of medical litigation
- The impact of recent legal and court-based reforms
- Duty, breach of duty and statutory defences / protections
- Consent, informed consent and treatment errors
- Factual and normative causation and loss of chance
- The changing framework of expert evidence
- Privacy and confidentiality issues
- Mandatory reporting impacts
- Coroners’ investigations and hearings.
Intended learning outcomes
A student who has successfully completed this subject should:
- Understand the substantive law and the procedures of litigation in relation to medical injuries in Australia
- Have examined the history and context of medical litigation and the alternatives to it for provision of compensation
- Have thought through the role of the regulatory framework, disciplinary proceedings and criminal actions against health practitioners, relevant to medical litigation
- Have analysed the role of coroners’ investigations and inquests
- Be aware of current and forthcoming legal issues in the medical litigation sphere.
Last updated: 12 November 2022
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a relevant Melbourne Law Masters program
Option 2
Admission into the MC-JURISD Juris Doctor
AND
All of
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
| LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
| LAWS50026 | Obligations | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
| LAWS50028 | Constitutional Law | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
| LAWS50029 | Contracts | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
| LAWS50032 | Administrative Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 12 November 2022
Assessment
May
| Description | Timing | Percentage |
|---|---|---|
Research paper on a topic approved by the subject coordinator
| 20 July 2022 | 100% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
October
| Description | Timing | Percentage |
|---|---|---|
Research paper on a topic approved by the subject coordinator
| 11 January 2023 | 100% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
Last updated: 12 November 2022
Quotas apply to this subject
Dates & times
- May - Online
Principal coordinator Bill Madden Mode of delivery Online Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 4 April 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 2 May 2022 to 5 May 2022 Last self-enrol date 8 April 2022 Census date 3 May 2022 Last date to withdraw without fail 10 June 2022 Assessment period ends 20 July 2022 May contact information
Lecturer
Bill Madden (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au - October - On Campus
Principal coordinator Bill Madden Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 12 September 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 10 October 2022 to 13 October 2022 Last self-enrol date 16 September 2022 Census date 11 October 2022 Last date to withdraw without fail 25 November 2022 Assessment period ends 11 January 2023 October contact information
Lecturer
Bill Madden (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 12 November 2022
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Legal Studies Course Juris Doctor Course Master of Commercial Law Course Master of Laws Course Master of Health and Medical Law Course Graduate Diploma in Dispute Resolution Course Graduate Diploma in Health and Medical Law - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-masters@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 12 November 2022