LLH471 Health Law and Practice
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLH471 |
|---|---|
| Prerequisite(s): | LLH302. LLH302 can be studied in the same teaching period as LLH471. |
| Antirequisite(s): | LWB483 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,040 |
| Pre-2021 CSP student contribution | $1,597 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,024 |
| International unit fee | $4,044 |
Unit Outline: Semester 2 2024, Gardens Point, Internal
| Unit code: | LLH471 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLH302. LLH302 can be studied in the same teaching period as LLH471. |
| Anti-requisite: | LWB483 |
| Coordinator: | Andrew McGee | a.mcgee@qut.edu.au |
Overview
In this honours elective unit, you will apply the skills of communication, legal reasoning, critical and creative thinking, and research project management developed throughout the degree and consolidated in LLH401 Legal Research Capstone. You will also develop advanced knowledge in relation to health care law, building on the knowledge from LLB102 Torts. The relationship between the provider of health services and the patient has, in recent times, become more complex and there is consequently a significantly growing field of related legal scholarship and litigation.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain legal principles and policy considerations in relation to the law impacting on the provision of health/medical services (Course Learning Outcomes 1.1, 1.5)
- Critically analyse aspects of the interface between law, health care and ethics in contemporary Australia, and identify potential areas appropriate for law reform (CLO 2.3)
- Complete a research project that critically analyses and evaluates a topic within law and medicine with consideration for ethical and contextual issues and policy factors (CLOs 2.3, 3.1, 3.2, 3.3).
- Communicate in writing the progress and outcomes of your research project to identified stakeholders in an appropriate manner (CLOs 3.3, 4.1).
Content
Major topics to be covered:
- health care ethics
- consent to medical treatment and medical decision-making
- medical negligence
- confidentiality and privacy
- assisted reproductive technology and surrogacy
- abortion
- euthanasia, palliative care and assisted suicide, and
- organ and tissue transplantation.
Learning Approaches
This unit employs an active, collaborative and blended approach to learning. It involves an online, self-led learning practice and live workshops where you will learn from experts and your peers. As an advanced honours elective, this unit will require you to revisit and further develop capabilities introduced earlier in the course.
Your participation in the unit will include:
• Independent engagement with interactive, online learning activities to provide feedback on the understanding of the principles and skills of the unit.
• Interactive workshops that provide you with an opportunity to develop skills of comprehension and analysis of primary sources and appreciation of the relationship of law, health care and ethics, as well as the skills of oral communication, problem solving, critical analysis and ethical and contextual awareness within a group setting.
• Discussion and collaboration on Canvas and in workshops to unpack the unit’s advanced disciplinary knowledge and evaluate the complexities of bioethical dilemmas and decisions.
Feedback on Learning and Assessment
Feedback on the development of your understanding of the law and skills learnt in this unit is provided through:
- interaction with the tutor and other students in the workshops
- the individual written feedback on your assignment
- the generic feedback on the assignment placed on the unit's Canvas site
- the generic feedback on the examination placed on the unit's Canvas site
- the option of private consultation with a member of the teaching team during student consultation.
You should reflect upon the feedback on your assessment in this unit (both your individual and generic feedback as provided on Canvas) for the purpose of identifying: - gaps in your knowledge and understanding of the legal principles
- inadequacies in your problem solving methodology and/or your skills in critical analysis and evaluation
- strategies to improve your problem solving, oral and written communication skills in further assessment, and
- areas for improvement for future studies within the LLB.
Assessment
Overview
In this unit you will be graded on a scale of one to seven. Assessment in this unit is both formative and summative.
Faculty assessment information
To access the Law Faculty Assessment Information see the Canvas site for this unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Research Paper
Acting as a legal researcher, you will consider both primary sources and scholarly literature to provide an advice on a given legal issue. You will be assessed on your skills of research, written communication, critical analysis and ethical and contextual awareness within a law and medicine paradigm.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Take-home Exam
The take-home exam may cover all topics in the unit.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
B White, F McDonald and L Willmott (eds), Health Law in Australia (Thomson, 3rd ed, 2018)
Recommended text(s)
M Smith, LexisNexis Questions and Answers: Medical Law (LexisNexis Butterworths, 2020)
S Allan and M Blake, The Patient and the Practitioner: Health Law and Ethics in Australia (LexisNexis Butterworths, 2014)
I Kerridge, M Lowe, C Stewart, Ethics and Law for the Health Professions (Federation Press, 4th ed, 2013)
L Skene, Law and Medical Practice: Rights, Duties, Claims and Defences (Butterworths, 3rd ed, 2008)
JK Mason and GT Laurie, Mason and McCall Smith's Law and Medical Ethics, (Oxford University Press, 10th ed, 2016)
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Research Paper, Take-home Exam - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Research Paper, Take-home Exam - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, ULO3, Research Paper, Take-home Exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Research Paper - Selecting and applying appropriate research methods
Relates to: ULO3, Research Paper - Planning and executing a research project and presenting findings and recommendations
Relates to: ULO3, ULO4, Research Paper - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Research Paper
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Research Paper, Take-home Exam - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Research Paper, Take-home Exam - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, ULO3, Research Paper, Take-home Exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Research Paper - Selecting and applying appropriate research methods
Relates to: ULO3, Research Paper - Planning and executing a research project and presenting findings and recommendations
Relates to: ULO3, ULO4, Research Paper - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Research Paper
Unit Outline: Semester 2 2024, Online
| Unit code: | LLH471 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLH302. LLH302 can be studied in the same teaching period as LLH471. |
| Anti-requisite: | LWB483 |
Overview
In this honours elective unit, you will apply the skills of communication, legal reasoning, critical and creative thinking, and research project management developed throughout the degree and consolidated in LLH401 Legal Research Capstone. You will also develop advanced knowledge in relation to health care law, building on the knowledge from LLB102 Torts. The relationship between the provider of health services and the patient has, in recent times, become more complex and there is consequently a significantly growing field of related legal scholarship and litigation.
Learning Outcomes
On successful completion of this unit you will be able to:
- Explain legal principles and policy considerations in relation to the law impacting on the provision of health/medical services (Course Learning Outcomes 1.1, 1.5)
- Critically analyse aspects of the interface between law, health care and ethics in contemporary Australia, and identify potential areas appropriate for law reform (CLO 2.3)
- Complete a research project that critically analyses and evaluates a topic within law and medicine with consideration for ethical and contextual issues and policy factors (CLOs 2.3, 3.1, 3.2, 3.3).
- Communicate in writing the progress and outcomes of your research project to identified stakeholders in an appropriate manner (CLOs 3.3, 4.1).
Content
Major topics to be covered:
- health care ethics
- consent to medical treatment and medical decision-making
- medical negligence
- confidentiality and privacy
- assisted reproductive technology and surrogacy
- abortion
- euthanasia, palliative care and assisted suicide, and
- organ and tissue transplantation.
Learning Approaches
This unit employs an active, collaborative and blended approach to learning. It involves an online, self-led learning practice and live workshops where you will learn from experts and your peers. As an advanced honours elective, this unit will require you to revisit and further develop capabilities introduced earlier in the course.
Your participation in the unit will include:
• Independent engagement with interactive, online learning activities to provide feedback on the understanding of the principles and skills of the unit.
• Interactive workshops that provide you with an opportunity to develop skills of comprehension and analysis of primary sources and appreciation of the relationship of law, health care and ethics, as well as the skills of oral communication, problem solving, critical analysis and ethical and contextual awareness within a group setting.
• Discussion and collaboration on Canvas and in workshops to unpack the unit’s advanced disciplinary knowledge and evaluate the complexities of bioethical dilemmas and decisions.
Feedback on Learning and Assessment
Feedback on the development of your understanding of the law and skills learnt in this unit is provided through:
- interaction with the tutor and other students in the workshops
- the individual written feedback on your assignment
- the generic feedback on the assignment placed on the unit's Canvas site
- the generic feedback on the examination placed on the unit's Canvas site
- the option of private consultation with a member of the teaching team during student consultation.
You should reflect upon the feedback on your assessment in this unit (both your individual and generic feedback as provided on Canvas) for the purpose of identifying: - gaps in your knowledge and understanding of the legal principles
- inadequacies in your problem solving methodology and/or your skills in critical analysis and evaluation
- strategies to improve your problem solving, oral and written communication skills in further assessment, and
- areas for improvement for future studies within the LLB.
Assessment
Overview
In this unit you will be graded on a scale of one to seven. Assessment in this unit is both formative and summative.
Faculty assessment information
To access the Law Faculty Assessment Information see the Canvas site for this unit.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Research Paper
Acting as a legal researcher, you will consider both primary sources and scholarly literature to provide an advice on a given legal issue. You will be assessed on your skills of research, written communication, critical analysis and ethical and contextual awareness within a law and medicine paradigm.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Take-home Exam
The take-home exam may cover all topics in the unit.
Academic Integrity
Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.
Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
B White, F McDonald and L Willmott (eds), Health Law in Australia (Thomson, 3rd ed, 2018)
Recommended text(s)
M Smith, LexisNexis Questions and Answers: Medical Law (LexisNexis Butterworths, 2020)
S Allan and M Blake, The Patient and the Practitioner: Health Law and Ethics in Australia (LexisNexis Butterworths, 2014)
I Kerridge, M Lowe, C Stewart, Ethics and Law for the Health Professions (Federation Press, 4th ed, 2013)
L Skene, Law and Medical Practice: Rights, Duties, Claims and Defences (Butterworths, 3rd ed, 2008)
JK Mason and GT Laurie, Mason and McCall Smith's Law and Medical Ethics, (Oxford University Press, 10th ed, 2016)
Risk Assessment Statement
There are no out-of-the-ordinary risks associated with this unit.
Course Learning Outcomes
This unit is designed to support your development of the following course/study area learning outcomes.LW36 Bachelor of Laws (Honours)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Research Paper, Take-home Exam - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Research Paper, Take-home Exam - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, ULO3, Research Paper, Take-home Exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Research Paper - Selecting and applying appropriate research methods
Relates to: ULO3, Research Paper - Planning and executing a research project and presenting findings and recommendations
Relates to: ULO3, ULO4, Research Paper - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Research Paper
LW37 Bachelor of Laws (Honours) (Graduate Entry)
- The essential principles and doctrines of Australian law and the Australian legal system
Relates to: ULO1, Research Paper, Take-home Exam - The application, operation and evolution of law in diverse and changing contexts
Relates to: ULO1, Research Paper, Take-home Exam - Applying critical perspectives, including theoretical, technological, cultural and social perspectives, to evaluate law and policy
Relates to: ULO2, ULO3, Research Paper, Take-home Exam - Selecting and using contemporary technologies to effectively search, organise and use information
Relates to: ULO3, Research Paper - Selecting and applying appropriate research methods
Relates to: ULO3, Research Paper - Planning and executing a research project and presenting findings and recommendations
Relates to: ULO3, ULO4, Research Paper - Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
Relates to: ULO4, Research Paper