SDG Detail

LAWGENRL 432 : Healthcare Law

Undergraduate course

Project description

Health Care Law has grown into a discrete area of specialist study in approximately 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 which commenced in 1966 and the ensuing Cartwright Inquiry and Report, and to 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 a consideration 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, and manslaughter prosecutions in the criminal law. ACC coverage of �treatment injury� in promoting patient safety is brie?y considered. 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, followed by the legal principles related to the treatment of adults unable to provide informed consent to treatment, as well as of young persons and children. Legal issues relating to rationing of health services may be considered, depending on time.; an analysis of the new End of Life (Choice) Act 2019 and the legal and ethical principles arising from assisted dying and withdrawal of life sustaining treatment.

Year 2022

Location New Zealand

Organization University of Auckland

Project aims

Project outcome

By the end of this course, students will be able to: Understand 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 1.1, 1.2, 1.3, 2.1, 2.3, 3.1, 3.2, 3.3 and 4.1) (Capability 1.1, 1.2, 1.3, 2.1, 2.3, 3.1, 3.2 and 4.1) Develop a foundational knowledge of the legal principles and their underpinning ethical principles relating to the health professional-patient relationship and the provision of health services in New Zealand.(Capability 1.1 and 1.3) (Capability 1.1 and 1.3) Identify and analyse relevant legal materials and secondary literature to develop an understanding of corelegal principles in health care law. (Capability 1.2, 1.3, 2.1 and 6.2) (Capability 1.2, 1.3, 2.1 and 6.2) Evaluate competing ethical and legal approaches to legal issues relating to patients or arising in the healthsector. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.3, 4.1 and 5.1) (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.3, 4.1 and 5.1) Demonstrate effective and analytical written communication skills. (Capability 4.2) (Capability 4.2 and 5.2)