Outline

Overview

This unit of study provides an introduction to some of the legal issues that arise in modern health care. Key topics covered in the unit include: consent to medical treatment, professional liability of health professionals and health care institutions, medical negligence, the regulation of reproduction (including termination of pregnancy), and end-of-life decision-making, including assisted dying or "euthanasia". Aspects of the regulation of reproductive technology, and of privacy, confidentiality and access to medical records will also be considered. By the end of the unit, students will have a grounding in legislation and caselaw regulating the provision of health care services, and will also be aware of some of the ethical issues that arise in medical contexts. Student participation in class discussion will be expected.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	LAWS5152
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Roger Magnusson, roger.magnusson@sydney.edu.au

Type	Description	Weight	Due	Length
Supervised exam ?	Final exam (50%) Compulsory exam, 1 hour (plus 30 minutes reading time)	0%	Formal exam period	1 hour
Outcomes assessed:
Assignment	[Option 1] Early assignment (50%) Written assessment	0%	Week 08 Due date: 17 Apr 2023 at 17:00 Closing date: 08 May 2023	2500 words / 32 days
Outcomes assessed:
Assignment	[Option 2] Essay (50%) Written assessment	0%	Week 08 Due date: 21 Apr 2023 at 17:00 Closing date: 12 May 2023	3500 words / 53 days
Outcomes assessed:
Assignment	[Option 3] Late assignment (50%) Written assessment	0%	Week 11 Due date: 12 May 2023 at 17:00 Closing date: 29 May 2023	2500 words / 26 days
Outcomes assessed:

Assessment summary

The assessment scheme for the unit is as follows:

All students must complete the Final exam worth 50% (1 hour plus 30 minutes reading time).
All students must also submit either an essay OR one of two assignments (50%)
The essay and assignment are non-redeemable. There will be a choice of topics for the essay. There will be two assignment options; the early option will be due earlier in the semester, the later option will be due later in semester.

Assignments: This unit aims to develop and assess students’ skills in developing a synthesis of the issues and principles that constitute the unit. These skills will be tested through the assignment (an elective element of the assessment package). There will be two assignment options; the early option will be due earlier in the semester, the later option will be due later in semester.

[Option 1] Early assignment (50%): The questions will be released to students on Canvas at 9am (Sydney, Australia time) on Thursday 16 March 2023 in Week 4 and the assessment will be due at 5pm (Sydney, Australia time) on Monday 17 April 2023 in Week 8. The closing date is 5pm (Sydney, Australia time) on Monday 8 May 2023 in Week 11. Please see note below regarding Special Consideration outcome. If you submit the assignment, you may not submit any essay. You must sit the Final exam.

[Option 2] Essay (50%): The essay topics will be released to students on Canvas at 9am (Sydney, Australia time) on Tuesday 28 February 2023 in Week 2 and the assessment will be due at 5pm (Sydney, Australia time) on Friday 21 April 2023 in Week 8. The closing date is 5pm (Sydney, Australia time) on Friday 12 May 2023 in Week 11. Please see note below regarding Special Consideration outcome. If you submit the assignment, you may not submit any essay. You must sit the Final exam.

The essay includes a nested research planning activity due 5pm, Fri 14 April 2023, one week prior to the submission date for the final paper. Students must choose between and submit one of the following two research planning activities:

Option a: Submit a research plan (max 800 words). This will be worth 10% of the final mark for the unit of study. The research plan should set out:

the structure of the paper and a brief explanation for it
key aspects of the argument (such as 2-3 key points that the paper will make), the evidence or sources the student will rely on, and any relevant counter-arguments or perspectives that the student will discuss and evaluate.

Option b: Submit a literature review or evidence review (max 1000 words). This will be worth 10% of the final mark for the unit of study. The literature/evidence review should set out:

ten relevant sources, giving reasons why the student will use them (or not use them) and how they support the argument in the paper. In choosing sources, students should consider matters such as the relevance of the source to the jurisdiction that the student is writing about, the importance of basing understanding of the law on primary sources, and whether the issues the paper discusses have generated debate in the literature. The sources chosen should support accurate description and critical evaluation of the law.

There is no prohibition on including text in the final essay that was drawn from, or elaborates on, the earlier-submitted research plan, or literature/evidence review. The research planning activity is part of the writing requirement for the research paper and is intended to help students to write a better paper - with a clearer structure, clearer arguments, informed by better sources.

Through the elective essay option (3500 words) (this word count excludes footnotes and the bibliography), the unit provides space for students to engage in deeper-level research into a doctrinal, theoretical or policy-related issue that comes within the ambit of the unit. Students will be expected to draw on (and benefit from) the unit of study materials, but also to go beyond these materials and to conduct their own research from primary sources (cases, legislation, relevant guidelines or codes of practice), and secondary sources (textbooks, journal articles, conference papers, media sources), in order to thoroughly research the topic and develop a coherent framework, response or argument. In short, the essay is a research essay and you are expected to undertake research beyond the confines of the unit of study, and to cite material effectively using the Australian Guide to Legal Citation. The word limit excludes footnotes (see word count penalty).

If you submit the essay, you may not submit an assignment. You must sit the exam.

[Option 3] Late assignment (50%): The questions will be released to students on Canvas at 9am (Sydney, Australia time) on Monday 17 April 2023 in Week 8 and the assessment will be due at 5pm (Sydney, Australia time) on Friday 12 May 2023 in Week 11. The closing date is 5pm (Sydney, Australia time) on Monday 29 May 2023 in Stuvac. Please see note below regarding Special Consideration outcome. If you submit the assignment, you may not submit any essay. You must sit the Final exam.

The purpose of the assignment (each is 2500 words) (excluding footnotes and the bibliography) is to test students’ ability to recognise legal issues, develop arguments, and to give an opinion about the legal issues that arise within a particular factual context. The purpose of the assignment is to demonstrate knowledge of the unit of study materials and the issues we have considered in class.

The assignment primarily tests your learning based on the content of the unit. You will be expected to demonstrate your knowledge and mastery over that content and, where appropriate, to go beyond the material covered in the unit by doing your own research. The word limit excludes footnotes (see word count penalty).

The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

Late submission of essays and assignments: Special Consideration will award up to a maximum of 20 days extension. If Special Consideration is granted beyond the closing date (as specified in the Assessment Table) for the relevant assessment, the format of further assessment will be determined by the discretion of the lecturer.

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).

Final exam (50%): The exam is 1 hour plus 30 minutes reading time. It is a supervised, open book exam and will be scheduled during the examination period. The format of this exam will be short problem question(s) raising issues from any of the modules that we covered in class.

The exam tests students’ knowledge of the content of the syllabus, including the issued materials, as covered in class. Students will be expected to apply primary legislative and common law sources in order to analyse legal problems and provide legal advice, demonstrating critical judgment, and the capacity to write and structure a clear, coherent answer.

The outcome of a grant of special consideration application may include an alternative task, such as a viva, at the discretion of the Unit Coordinator.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	Completely answers the question. Contains striking originality of approach or analysis. Demonstrates exhaustive or innovative research (where independent research required). Exceptionally well written, structured and expressed. Is otherwise exceptional in some way.
Distinction	75 - 84	Completely answers the question. Achieves a critical and evaluative approach to the issues. Content and structure is well organised in support of the argument. Demonstrates extensive research and analysis to support a well-documented argument. Generally well expressed and free from errors. Has a clear structure and is well articulated.
Credit	65 - 74	Covers main issues fairly well in answering the question. Contains no significant errors. Demonstrates an attempted critical approach to the issues. Demonstrates reasonably sound research and analysis in addressing the key issues. Has a clear structure and reasonably clear expression.
Pass	50 - 64	Identifies the key issues, but does not follow through with a reasoned argument. Contains some significant errors. Displays satisfactory engagement with the key issues. Offers a descriptive summary of material relevant to the question. Superficial use of material, and may display a tendency to paraphrase. Demonstrates little evidence of in-depth research or analysis. Adequate expression. Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	Does not answer the question. Contains significant or numerous errors. Few or no identifiable arguments. Content that is inappropriate or irrelevant. Lack of research or analysis. Difficult or impossible to understand through poor grammar, expression or structure. Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after 5pm but before the same time the following day will attract a 10% penalty. Penalties for late submission will be applied strictly, subject to a 60-minute grace period. Late penalties do not apply to the exam and any late submissions will not be accepted.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Weekly schedule

WK	Topic	Learning activity
Week 01	Class 1: Module 1: Introduction to health	Seminar (2 hr)
Week 01	Class 2: Module 1: Introduction to health & medical law 2/Module 2: Consent to medical treatment 1	Seminar (2 hr)
Week 02	Class 3: Module 2: Consent to medical treatment 2	Seminar (2 hr)
Week 02	Class 4: Module 2: Consent to medical treatment 3	Seminar (2 hr)
Week 03	Class 5: Module 2: Consent to medical treatment 4	Seminar (2 hr)
Week 03	Class 6: Module 2: Consent to medical treatment 5	Seminar (2 hr)
Week 04	Class 7: Module 2: Consent to medical treatment 6	Seminar (2 hr)
Week 04	Class 8: Module 3: Professional liability 1	Seminar (2 hr)
Week 05	Class 9: Module 3: Professional liability 2	Seminar (2 hr)
Week 05	Class 10: Module 3: Professional liability 3	Seminar (2 hr)
Week 06	Class 11: Module 3: Professional liability 4	Seminar (2 hr)
Week 06	Class 12: Module 3: Professional liability 5	Seminar (2 hr)
Week 07	Class 13: Module 3: Professional liability 6	Seminar (2 hr)
Week 07	Class 14: Module 4: Reproduction 1	Seminar (2 hr)
Week 10	Class 15: Module 4: Reproduction 2	Seminar (2 hr)
Week 10	Class 16: Module 4: Reproduction 3	Seminar (2 hr)
Week 11	Class 17: Module 4: Reproduction 4/Module 5: End of life decision-making 1	Seminar (2 hr)
Week 11	Class 18: Module 5: End of life decision-making 2	Seminar (2 hr)
Week 12	Class 19: Module 5: End of life decision-making 3	Seminar (2 hr)
Week 12	Class 20: Module 5: End of life decision-making 4	Seminar (2 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment and being discontinued from the unit of study, resulting in an Absent Fail or Discontinue – Fail grade. Exemptions may only be considered by the Unit Coordinator upon satisfactory evidence of compelling grounds ie sudden illness or serious misadventure which occur during class time.  
Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Students should refer to the Reading Guide which will be posted on Canvas.

This unit will be taught from issued materials which will be available for purchase in hard copy (3 volumes), and will be available in pdf form on Canvas under ‘Reading List’.

There is no need to purchase a textbook; however, students may wish to refer to one of the following:

Kerridge, Lowe & Stewart, Ethics and Law for the Health Professions, Federation Press, 4th ed., 2013.
Anne-Maree Farrell, John Devereux, Isabel Karpin, Penelope Weller, Health Law: Frameworks and Context, Cambridge University Press, 2017.
Janine McIlwraith, Bill Maddon, Health Care & the Law, 6th ed., Thomson 2014.
Bill Maddon, Janine McIlwraith, Australian Medical Liability, 2nd ed., LexisNexis, 2013.
White, McDonald, Willmot (eds) 3rd ed., Health Law in Australia, Thomson Reuters, 2018.

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. demonstrate an understanding of the substantive content and operation of health care law in Australia through detailed examination of selected topics
LO2. demonstrate recognition of key legislative sources, and of common law and equitable doctrines impacting medical practice and delivery of health services by the medical profession in Australia
LO3. demonstrate recognition, definition and resolution of legal problems arising in the delivery of health care to adult and child patients in Australia
LO4. demonstrate an understanding of the application of Australian legislative and common law sources to legal scenarios and problems arising in the course the delivery of health services by the medical profession
LO5. demonstrate analytical skills, critical judgment and thinking in a legal context
LO6. demonstrate the development of legal writing skills through the articulation and resolution of legal problems and documentation of legal advice

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

No changes have been made to this unit since last offered.

Additional information

Resources - Sydney Law Students

Site visit guidelines

There are no site visit guidelines for this unit.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Site visit guidelines

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS3452: Medical Law

Semester 1, 2023 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Site visit guidelines

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect