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Health Law: Patient Safety and the Law (LAWS70348)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

Availability(Quotas apply)
July
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This subject will examine patients’ expectations and legal rights when receiving health care, their avenues for complaint and compensation, transparency and accountability in the health sector, and the regulation of health practitioners. The focus will be on patients and health practitioners in Australia and New Zealand.

Principal topics include:

  • Patient safety and healthcare quality
  • Patients’ needs and rights following an adverse event
  • Open disclosure and the duty of candour
  • Transparency and accountability in the health sector
  • The role of inquiries
  • Legal duties of clinicians, managers and boards
  • Health practitioner regulation (including the Australian Health Practitioner Regulatory Scheme)
  • Health complaint systems in Australia and New Zealand.

Intended learning outcomes

A student who has successfully completed this subject will:



  • Have an advanced and integrated understanding of the significance of patient safety as a health policy issue
  • Be aware of the needs of patients following an adverse event
  • Have critically examined the meaning of ‘open disclosure’, what it means and why it matters; and be able to provide a detailed critique of the concept and its practical operation.
  • Be a well informed and engaged participant in debate regarding barriers to patient safety, including medical litigation
  • Have a detailed understanding of the legal responsibilities of clinicians, managers and boards
  • Be able to critically examine, analyse, interpret and assess the regulation of health professionals in Australia and New Zealand
  • Have an advanced understanding of the use of regulatory levers to improve patient safety
  • Have a sophisticated appreciation of health complaint systems in Australia and New Zealand
  • Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of patients’ rights and public protection.

Last updated: 15 September 2023

Eligibility and requirements

Prerequisites


Corequisites


Non-allowed subjects


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: 15 September 2023

Assessment

DescriptionTimingPercentage

Research paper on a topic approved by the subject coordinator

  • 7000-8000 words
27 September 2023100%
Hurdle requirement: A minimum of 75% attendance is required.Throughout the teaching periodN/A

Last updated: 15 September 2023

Quotas apply to this subject

Dates & times

  • July
    Mode of deliveryOn Campus (Parkville)
    Contact hours
    Total time commitment150 hours
    Pre teaching start date 7 June 2023
    Pre teaching requirementsPlease 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 July 2023 to 11 July 2023
    Last self-enrol date12 June 2023
    Census date 6 July 2023
    Last date to withdraw without fail25 August 2023
    Assessment period ends27 September 2023

    July contact information

    Lecturers

    Professor Ron Paterson (Coordinator)
    Professor Marie Bismark

    Email: law-masters@unimelb.edu.au
    Phone: +61 3 8344 6190
    Website: law.unimelb.edu.au

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).
    - Completion rate. Students who started their course from 2022 and are in a CSP or receiving a HELP Loan (eg FEE-HELP) must meet the completion rate to continue to receive Commonwealth Support for that course.

Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement, and as a fail toward the completion rate, unless there are approved ‘special circumstances’.

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: 15 September 2023

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:

    TypeName
    CourseGraduate Diploma in Health and Medical Law
    CourseGraduate Diploma in Legal Studies
    CourseMaster of Health and Medical Law
    CourseMaster of Laws
  • Links to additional information

    law.unimelb.edu.au

  • 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: 15 September 2023