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Health Care Law and Ethics

Unit code: LWN164
Contact hours:
Credit points: 12
Information about fees and unit costs

The relationship between law and ethics in healthcare is important, but at times contested. This unit explores that relationship to lay the foundations of an understanding of law and ethics as they relate to healthcare.


Availability
Semester Available
2013 Semester 2 Yes

Sample subject outline - Semester 2 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

The relationship between law and ethics in healthcare is important as health knowledge and interventions and our understandings of the respective roles, responsibilities and rights of health professionals, health organisations, patients and the state, amongst others, continue to rapidly develop and evolve. This unit explores the relationship between law and ethics to lay the foundations of an understanding of both law and ethics as they relate to healthcare.

Aims

The aims of this unit are to develop an understanding of:


  • health law;

  • health ethics; and

  • the relationships between law and ethics in healthcare.

Objectives

On completion of this unit you should be able to:
(1) Demonstrate a comprehensive knowledge and understanding of the links between law and ethics in healthcare;
(2) Demonstrate a critical appreciation of the dynamic nature of law and ethics in healthcare in terms of its continuing development and the impact of various legal, ethical, moral, economic, political, philosophical, social, and cultural factors on developments in this area;
(3) Clearly express and defend positions on a range of issues at the intersection of health care ethics and law in a manner that is both respectful and constructive and acknowledges contrasting perspectives;
(4) Research, synthesise, critically analyse, and evaluate complex legal and ethical issues in a healthcare context.

Content

This unit provides an introduction to the intersections between ethics and law in the healthcare setting. The unit focuses on selected issues of relevance to community perceptions about health and disability, the design and management of health systems and the relationships between patients and health care providers. The unit will consider developments and emerging issues in healthcare ethics and law as relevant.
Specific topics to be covered may include, but are not limited to, the following:
a) Introduction to ethics and law in healthcare
b) Community values


  • Health and access to health

  • Disability

  • Pluralism and multiculturalism

c) Health care systems

  • Resource allocation and rationing

  • Public health

  • Research

  • Patient safety and the disclosure of adverse events

d) Issues at the bedside

  • End-of-life

  • Organ and tissue transplantation

There will also be a two hour intensive workshop focused on how to write a law and ethics paper.

Approaches to Teaching and Learning

The unit will be conducted in intensive mode over 4 days (approximately 6-7 hours of classes each day) with a total of 26 hours of classes.
This unit will be taught internally and attendance is essential. The unit is divided into select topics with prescribed readings and questions to focus your reading. It will be taught using a seminar format which will involve the lecturer introducing the topic and identifying key areas of inquiry and discussion. Then there will be lecturer led discussions.
You are expected to be familiar with the readings for each topic and able to contribute to a meaningful discussion of relevant issues. There will be a strong emphasis on critical analysis. Where appropriate guest speakers may contribute to the seminars.
Students will have the opportunity to consult with staff on an informal basis about any aspect of the unit throughout the intensive teaching period and prior to the date for the submission of the research paper.

Assessment

Assessment in this unit is both formative and summative.Feedback on the development of your understanding of law and ethics examined in this unit is provided through:


  • The face-to-face lecture program;

  • The individual written feedback on your research outline and research paper

  • The option of private consultation with a member of the teaching team during student consultation.

Assessment name: Outline for Research Paper
Description: The outline for research paper (maximum 3 pages) must contain a:


  • synopsis of the research topic;

  • literature review; and

  • research methodology.

The outline:

  • explains the issues you propose to explore;

  • justifies the contribution that the paper is making to scholarship (i.e. explains what problems are addressed, why it is important to address them, and how your work will contribute a new perspective to this issue)

  • identifies and justifies the methods to be adopted

  • identify relevant preliminary primary and secondary sources.

You will receive feedback on your topic and formal approval to proceed. You are advised to discuss proposed topics with the lecturer before you begin work on the outline. In particular, please take advantage of breaks during the intensive sessions to discuss ideas with course lecturers.
Relates to objectives: (1)-(4)
Internal or external: Internal
Group or individual: Individual
Due date: 1 wk after block

Assessment name: Discussion Forum
Description: The discussion forum measures your contribution to the group's discussions. The mark for the discussion forum includes consideration of your preparation for classes, your ability to actively listen to others, the quality of your contributions to the discussions and your ability to respond to questions. The discussion forum enables your lecturer to evaluate learning outcomes one to three.
Relates to objectives: (1)-(3)
Weight: 20%
Internal or external: Internal
Group or individual: Individual
Due date: In Class

Assessment name: Research Paper
Description: The research paper (6000-8000 words). This is an extended written paper about an issue of your choice (formally approved by the lecturer) concerning healthcare law and ethics. The aim is to produce a scholarly article of publishable quality that identifies, synthesises, and analyses the ethical and legal implications of the issue. This involves a high level of critical analysis and argument in which you must, amongst other things, consider ethical, moral, philosophical, legal, economic, political, cultural and/or social issues that are relevant to the issue. Your paper must be written clearly and must comply with the rules of good English and with citation standards. The research paper enables your lecturer to measure your achievement of learning outcomes one to four.
Your research paper should comply with the rules for the presentation of research papers and projects in the section on "Guidelines for Presentation of Research Papers and Research Projects" in the Postgraduate Student Information Booklet. The School of Law has produced its own citation guidelines. These guidelines are recommended for all students undertaking postgraduate studies. Other citation guides may be used, after written approval to do so from the unit coordinator or supervisor.
Relates to objectives: (1)-(4)
Weight: 80%
Internal or external: Internal
Group or individual: Individual
Due date: 8 wks after block

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Recommended References
Ian Kerridge, Michael Lowe and Cameron Stewart, Ethics and Law for the Health Professions, 3rd edition, Sydney, Federation Press 2009.
Ben White, Fiona McDonald and Lindy Willmott eds. Health Law in Australia, Sydney: Thomson, 2010.
Blackboard site
Students will be referred to required and recommended readings through the unit's online site and the study guide.

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Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 29-Aug-2012