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 ?	LAWS3452
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Roger Magnusson, roger.magnusson@sydney.edu.au
Lecturer(s)	Roger Magnusson, roger.magnusson@sydney.edu.au

Assessment

The census date for this unit availability is 2 April 2024

Details
Criteria

Type	Description	Weight	Due	Length
Supervised exam ?	Final exam (50%) Compulsory exam, 1 hour 30 minutes (plus 30 minutes reading time)	0%	Formal exam period	1.5 hours
Outcomes assessed:
Assignment	[Option 2) Research essay plan Written plan	0%	Week 07 Due date: 12 Apr 2024 at 17:00 Closing date: 10 May 2024	600-800 words
Outcomes assessed:
Assignment	[Option 1] Early assignment (50%) Written assessment	0%	Week 08 Due date: 19 Apr 2024 at 17:00 Closing date: 10 May 2024	2500 words / 5 weeks and 3 days
Outcomes assessed:
Assignment	[Option 2] Research Essay (50%) Written assessment	0%	Week 08 Due date: 19 Apr 2024 at 17:00 Closing date: 10 May 2024	3000 words / 7 weeks and 3 days
Outcomes assessed:
Assignment	[Option 3] Late assignment (50%) Written assessment	0%	Week 11 Due date: 10 May 2024 at 17:00 Closing date: 31 May 2024	2500 words / 3 weeks and 4 days
Outcomes assessed:

Assessment summary

The assessment scheme for the unit has been organised to offer students three [3] choices for completing the necessary tasks to fulfil the unit requirements, in addition to the required final examination:

Final Exam (50%) - all students are required to sit the final examination. The exam is 1 hour 30 minutes 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 is designed to measure students’ knowledge of the content covered in the unit, including the issued materials. Students will be expected to apply primary legislative and common law sources to analyse legal problems and provide legal advice, demonstrating critical judgment, and the capacity to write and structure a clear, coherent answer. The final exam is held during the university exam period.

In addition to the exam, students must choose one of the following tasks to fulfil the assessment requirements for this unit:

Early-semester Assignment (50%)
Late-semester Assignment (50%)
Research Essay (50%)

Early-semester Assignment (50%) - Students who choose this task will complete a 2500-word essay (excluding footnotes and bibliography) on a topic released via Canvas from 9.00AM on 12 March 2024 (Wk. 4). The Early-semester Assignment is due at 5.00 PM on19 April 2024 (Wk. 8) (Sydney Australia time). The requirements for the assignment and the marking criteria will be provided in Canvas. Students who complete the early-semester assignment may not submit a late-semester assignment and may not submit a research essay. They MUST sit the final exam.

Late-semester Assignment (50%) - Students who choose this task will complete a 2500-word essay (excluding footnotes and bibliography) on a topic released via Canvas from 9.00AM on 15 April 2024 (Wk. 8). The Late-semester assignment is due at 5.00 PM on10 May 2024 (Wk. 11) (Sydney Australia time). Requirements for the assignment and the marking criteria will be provided in Canvas. Students who complete the late-semester assignment may not submit an early-semester Assignment and may not submit a Research Essay. They MUST sit the final exam.

Each of the assignments is designed to measure students' ability to recognise legal issues, develop arguments, and give an opinion about the legal issues that arise within a particular factual context.
By completing one of the assignments, students will demonstrate knowledge of the unit of study materials and the issues covered.
Students will be expected to demonstrate their knowledge and mastery of the content and, where appropriate, go beyond the material covered in the unit and conduct their own research.

Research Essay (50%) - Students who choose this task must:

Complete a 600–800-word essay plan identifying the key aspects of the argument (2 - 3 points that the essay will make), list key sources that will be used, and briefly summarise any relevant counterarguments or perspectives to be discussed. The essay plan must be submitted via Canvas before 5.00PM on 12 April 2024 (Wk. 7) (Sydney Australia time). The essay plan will be assessed holistically, together with the research essay itself. Requirements for the essay plan and the marking criteria will be provided in Canvas.
Complete a 3000-word research essay (excluding footnotes and bibliography) on a topic released to students on Canvas at 9.00AM on 27 February 2024 (Wk. 2) (Sydney Australia time). The research essay is due 5.00PM on 19 April 2024 (Wk. 8) (Sydney Australia time). Requirements for the research essay plan and the marking criteria will be provided in Canvas. Students who complete the research essay may not submit an early-semester assignment and may not submit a late-semester assignment. They MUST sit the final exam.

There is no prohibition on including text in the final essay that was drawn from or elaborates on the earlier submitted research plan.
The research essay provides students with the opportunity to engage in research on a doctrinal, theoretical or policy-related issue that is covered in this 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 research from primary sources (cases, legislation, relevant guidelines or codes of practice), and secondary sources (textbooks, journal articles, conference papers, media sources), to thoroughly research the topic and develop a coherent framework, response or argument.

Late submission of essays and assignments: A maximum of twenty [20] days extension of a submission date is possible. If Special Consideration is granted beyond the closing date (as specified in the Assessment Table) for the relevant assessment, the format of further assessment(s) will be determined at the discretion of the unit coordinator.

Word limit penalty: A piece of assessment that 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).

Use of editors or proof-readers: 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 and grammar checkers). The use of Studiosity does not breach this rule but must be acknowledged.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

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 07	Class 11: Module 3: Professional liability 4	Seminar (2 hr)
Week 07	Class 12: Module 3: Professional liability 5	Seminar (2 hr)
Week 08	Class 13: Module 3: Professional liability 6	Seminar (2 hr)
Week 08	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 to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment. 

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.
 
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. Analyse and evaluate the substantive content and operation of health care law in Australia, focusing on consent, professional liability, medical negligence, and end-of-life decision-making among other topics.
LO2. Identify and explain key legislative sources, common law, and equitable doctrines that impact medical practice and the delivery of health services in Australia.
LO3. Critically analyse and resolve legal problems arising in the delivery of health care to both adult and child patients, employing appropriate legal principles and theories.
LO4. Apply legislative and common law principles to construct solutions to legal scenarios and problems encountered in the delivery of health services.
LO5. Develop sound, logically structured legal arguments in response to complex legal problems and communicate these to diverse audiences.

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

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

Support for students

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

LAWS5152: Medical Law

Semester 1, 2024 [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

Support for students

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