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Unit outline_

LAWS6054: Health Care and Professional Liability

Intensive March - April, 2023 [Block mode] - Camperdown/Darlington, Sydney

This unit will provide a foundation for further study in health law by examining laws that govern the liability of health professionals across a range of fields (eg criminal law, torts, contract, discrimination law) and mechanisms for the oversight and disciplining of health professionals. The unit will explore the role of law as a means to regulate/set limits on the conduct of health professionals and examine debates about the proper role of law in regulating the provision of health care. It will also critically evaluate law reform initiatives with respect to legal liability, complaints mechanisms and disciplinary action against health professionals where relevant. Topics to be covered may include: Legal and non-legal methods of regulating the practices of health professionals; the limits imposed on health professionals by the criminal law; the principles of negligence and their application to the liability of health professionals; contractual and fiduciary duties of health professionals; liability of hospitals; discrimination in health care; procedures for complaints against health professionals; disciplinary proceedings and the statutory reporting obligations of health professionals.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Cameron Stewart, cameron.stewart@sydney.edu.au
Type Description Weight Due Length
Presentation Optional Case Presentation (Oral) (20%)
Oral
0% Ongoing 20min class presentation based on a case
Outcomes assessed: LO1 LO3 LO2
Assignment Optional Case Presentation (video to be uploaded on Canvas) (20%)
Recorded MP4 presentation
0% Week 07
Due date: 03 Apr 2023 at 23:59

Closing date: 03 Apr 2023
A video presentation of selected case
Outcomes assessed: LO1 LO2 LO3
Assignment Assignment (short release) (80% or 100%)
Written problem based questions
0% Week 09
Due date: 17 Apr 2023 at 10:00

Closing date: 24 Apr 2023
7000wd maximum / 3 working days
Outcomes assessed: LO1 LO2 LO3 LO4

Assessment summary

Optional Case Presentation (Oral) (20%): The class presentation component will consist of a 20 minute class presentation based on a case. Presentations will occur during class at the time allocated to the case in the reading guide.

Optional Case Presentation (video to be uploaded on Canvas) (20%): Students may opt to record an MP4 presentation and load it onto Canvas.

Case law presentations should address the following: the facts of the case/policy background, the legal issue or issues, the ethical principles, the reasoning employed by the judges/tribunals members in reaching their decision, the decision; and some commentary about the broader implications of the decision (including whether the case was, in your view, correctly decided and what happened afterwards). Candidates will need to argue for or against a particular interpretation (of the facts or the law) to support their tentative conclusions. Presenters can choose how they wish to present the case but most students use powerpoint or presi style presentations or handouts. 

The cases for presentation exercises can be found under each topic in the course outline, and you can also view the entire list of exercises (along with the Sign-up Sheet) on Canvas.  You will need to consult the Reading Guide to make your choice and reserve your choice of exercise (ie in-class or recorded) via the separate sign-up sheet.  

This assessment is optional and you can choose not to do a presentation and focus 100% on the short turn-around assessment.

Instructions on how to record your presentation (should you choose to do so)

1. Students must record their presentation in Microsoft Powerpoint. PowerPoint provides us with the ability to record audio as you were going through the slides in class. Students can get access and download Microsoft Office (including Powerpoint) for free here:

https://www.sydney.edu.au/students/student-it/apps.html

Please note that you may need to update your version of Powerpoint to the one the University is using for this to work.

2. Create your slides for the case presentations dealing with the issues outline above. Once you have finalised your slides you can then record audio under the Slide Show tab: “Record Slide Show”. What’s good about this is you can record per slide, and so edit parts of the presentation if there’s a slide you don’t like or want to change.

3. Once you’ve saved your .ppt with audio, you’ll need to convert it to a video file.  In PowerPoint you can convert your .ppt to video this by selecting the File tab, and then selecting “Export”. Then click on “Create a Video”. To get a manageably sized file, you’ll want to select “Standard (480p)”

Below the video settings, you'll see another that should be pre-set to “Use Recorded Timings and Narrations”. Keep that selected so that you preserve your audio with the slides. Then just click “Create Video”. It will take a little while to finish exporting (You’ll see a bar down the bottom of the screen showing its progress), but once it’s done you’ll have a video file ready to be uploaded to Canvas

4. We will create a place on Canvas for you to upload your presentation. Cameron will then make them available to the rest of the class. Please submit it through Canvas but if you are having difficulties please email the video to Cameron at cameron.stewart@sydney.edu.au

The last day for uploading the presentation is at 11:59pm (Sydney, Australia time) on 3 April 2023.

Short-release assignment (80% or 100%): The short-release assignment can be accessed on the Canvas site and consists of a problem question and a discussion question at 10:00am (Sydney, Australia time) on Friday, 14 April 2023 and must be submitted to Canvas before 10.00am (Sydney, Australia time) on Monday, 17 April 2023. The assignment will comprise 80% (for those who do the [optional] Class presentation or the [optional] recorded presentation) or 100% of the available marks for the unit and should not exceed 7000wds (including references). The assignment will consist of 2 questions which may be problem-based or discussion style questions. The questions will be based on issues raised by the materials. The assignment should be referenced using the footnotes in the Australian Guide to Legal Citation Style.

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

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).

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 include all referencing. 

Assessment requirement 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 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 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.

sydney.edu.au/students/guide-to-grade

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 calendar day or part thereof. For example, a submission after (due time) but by 11.59pm on the due date will attract a 10% penalty. A submission after midnight of the due date for submission will attract a 20% penalty. A submission on the following day after midnight will attract a 30% penalty, and so on. Late penalties will be strictly applied. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission.

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.

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.

WK Topic Learning activity Learning outcomes
Ongoing 1. The doctor-patient relationship in social context; 2. The function of consent; 3. Criminal liability and treatment limitation; 4. Criminal negligence in medical practice Seminar (7 hr) LO1 LO2
1. Assisted death; 2. Abortion; 3. Duty of care; 4. Standard of care/breach of duty Seminar (7 hr) LO1 LO2 LO3 LO4
1. Causation; 2. Vicarious liability, non-delegable duties and defences 1; 3. Vicarious liability, non-delegable duties and defences 2; 4. Reproductive torts Seminar (7 hr) LO1 LO2 LO3 LO4
1. Resource allocation, public law and health care; 2. Fiduciary duties, undue influence and conflicts of interest; 3. Human rights and discrimination in health care 1; 4. Human rights and discrimination in health care Seminar (7 hr) LO1 LO2 LO3 LO4

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. Attendance requirements may be satisfied by in person attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

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

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

  • Ian Kerridge, Michael Lowe and Cameron Stewart, Ethics and law for the health professions 4th Ed (Federation Press, 2013)

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.

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

  • LO1. demonstrate knowledge of relevant cases and statutes
  • LO2. apply relevant cases and statutes to fact situations
  • LO3. critically employ the rules and principles of healthcare liability
  • LO4. develop your legal writing skills

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
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

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

No changes have been made since this unit was last offered

More information can be found on Canvas.

Additional costs

There are no additional costs for this unit.

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.