LAWGENRL 432 : Healthcare Law

Law

2024 Semester One (1243) (15 POINTS)

Course Prescription

An introduction to the legal and ethical issues related to health care delivery including: the purchase and provision of health services, the relationship between health providers and consumers, professional accountability, codes of rights, legal and ethical issues at the start and end of life, and biomedical research.

Course Overview

Health Care Law has grown into a discrete area of specialist study in the last thirty years. Once dominated by medical negligence, it now encompasses the study of the principles of law that govern medical practice, the health professional-patient relationship, and the delivery of health care services. The course commences with an introduction to the groundbreaking “unfortunate experiment” at National Women’s Hospital and the ensuing Cartwright Report of 1988, before  introducing the Code of Health and Disability Services Consumers’ Rights and the Health and Disability Commissioner (HDC) complaints system in the health sector. This is followed by the study of a selection of the following topics: the accountability of health practitioners via professional discipline in the Health Practitioners Disciplinary Tribunal, civil proceedings before the Human Rights Review Tribunal. The key concepts of competence to consent to medical treatment, and a patient’s right to be informed, at common law and pursuant to the Code of Rights are analysed; an analysis of the new End of Life (Choice) Act 2019 and the  legal principles related to the treatment of adults unable to provide informed consent to treatment in the context of the withholding and withdrawal of life sustaining treatment. 

Course Requirements

Prerequisite: LAW 211, 231 Restriction: LAW 427

Capabilities Developed in this Course

Capability 1: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 7: Collaboration
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and understand primary and secondary sources of health law, both domestic and from overseas jurisdictions, apply legal principles of health law to complex facts accurately, critically and ethically, and use transdisciplinary perspectives to respond to societal challenges in the provision of health care. (Capability 2.1, 3.2, 4.1 and 8.1)
  2. Critically evaluate and argue persuasively competing ethical and legal approaches to legal issues relating to patients and the provision of health services in the health sector. (Capability 4.1, 4.2, 5.1, 6.1 and 8.1)
  3. Articulate and demonstrate well-formulated and persuasive communication skills from collaborative approaches and express such skills respectfully for a range of audiences. (Capability 6.1 and 7.1)
  4. Explain the social-economic determinants of health and the influence of colonialism and their impact on the health status of Māori and of Pacific peoples and critically evaluate the implications of the resulting health burden for the public health system, health law, ethics and policy. (Capability 1.1 and 1.2)
  5. Develop an understanding of the principles of a discrete topic of health law through self-directed learning and express the knowledge gained through reasoned and imaginative legal arguments in written form. (Capability 3.1, 3.2, 4.1, 4.2 and 5.1)
  6. Critically evaluate the role of the law and legal processes in the fair allocation of limited health resources to promote a sustainable public health system. (Capability 2.1, 4.1, 4.2 and 5.1)
  7. Explain and apply foundational legal principles of health care law from key legislation and case law to real circumstances encountered by patients in the health system to reach reasoned solutions and make reasoned recommendations. (Capability 3.1, 3.2, 4.1, 4.2, 5.1 and 8.1)

Assessments

Assessment Type Percentage Classification
Final Exam 60% Individual Examination
Assignment 30% Individual Coursework
Quizzes 10% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6 7
Final Exam
Assignment
Quizzes

Workload Expectations

This is a standard 15-point course. There will be around 24 hours of lectures in this course. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience


Lectures will be available as recordings. Your course will include live lectures conducted in-person and recorded, and may include other live activities including small group discussions which are not recorded.

Attendance on campus is required for the exam.

The activities for the course are scheduled as a standard weekly timetable.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

There is no prescribed text for this course. Students will be referred to a list of textbooks and case books available for loan in the Davis Law Library.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

The course content and delivery will take into account the feedback from the student evaluation of the course in 2023.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 01/11/2023 11:19 a.m.