Medical Litigation (LAWS70225)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
Contact information
May
Teaching staff:
Bill Madden (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | May |
|---|---|
| Fees | Look up fees |
Having recently passed 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 developments are at the core of individual importance - birth, reproduction and personal autonomy. The legal issues are wide-ranging, covering the existence of duties, what should be considered to be a breach of duty, the challenges of legal causation and the determination of 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.
Indicative list of principal topics:
- The 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 the loss of a chance
- The changing framework of expert evidence
- Privacy and confidentiality issues
- Alternatives to fault based compensation
- Associated regulatory issues
- Coroners’ investigations and hearings.
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Examine and explain the substantive law and the basic procedures of litigation in relation to medical injuries in Australia
- Examine the history and context of fault based medical litigation and the alternatives to it for provision of compensation
- Analyse the role of coroners' investigations and inquests
- Be aware of current and forthcoming legal issues in the medical litigation sphere.
Last updated: 4 March 2025
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 (On Campus - Parkville) |
12.5 |
| LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
| LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
| LAWS50032 | Administrative Law | Semester 1 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Research paper on a topic approved by the subject coordinator
| 25 June 2025 | 100% |
| Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | N/A |
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- May
Principal coordinator Bill Madden Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 7 April 2025 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 5 May 2025 to 8 May 2025 Last self-enrol date 11 April 2025 Census date 9 May 2025 Last date to withdraw without fail 13 June 2025 Assessment period ends 18 July 2025 May contact information
Teaching staff:
Bill Madden (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, 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: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Graduate Diploma in Health and Medical Law Course Graduate Diploma in Dispute Resolution Course Master of Laws Course Master of Health and Medical Law Course Graduate Diploma in Laws Course Juris Doctor - 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025