BTC9300

Health services law

Mr Lyall Phillips

6 points · 3 hours per week · Second semester · Clayton

Objectives This subject will provide students with a critical understanding of the role of law in the delivery of health and human services and an analysis of the necessary interrelationship between law, policy and administration of health services. It will introduce the essential legal concepts and their practical out-working and the institutional framework of the health sector and relevant Commonwealth and State legislation including legislation dealing with competition policy and competitive neutrality. Specific problems addressed will include consent, ethics and confidentiality, professional liability, dispute resolution, medical malpractice, quality assurance, reproductive technology, human tissue, dying and death, and human resource management law.

Synopsis This subject is designed to provide both legal theory and its practical application so as to equip persons in the health sector with a sound working knowledge of the essential legal concepts relevant to health services. This subject will introduce students to health sector obligations under common law duty of care, relevant legislation, professional negligence, fiduciary duty, contractual liability, relevant tort law. Legal implications of human reproduction, reproductive technology, human tissue, dying and death. Constitutional law, competition policy and competitive neutrality, health legislation, duty of disclosure. Further, students will be introduced to the essential staff administrative and policy issues of the employment relationship relevant to the health sector including contracts, common law employment obligations, environmental and general due diligence, anti-discrimination, health and safety and termination of employment law.

Assessment Assignment - 4000 words in length: 50% · Examination, 3 hours: 50%

Prescribed texts

Bennett B Law and medicine LBC, latest edn
Skene L Law and medical practice Butterworths, latest edn

Back to the 1999 Business and Economics Handbook