module specification

In modern times, the public are increasingly aware of their rights in respect of medical treatment, including the right to be informed of the potential consequences of any treatment, and the right to question the competence and expertise of medical professionals.

This is a dynamic, contemporary subject, which forms the basis of several successful legal practices, and so may have a tangible career benefit for students interested in this sector of law.

The aims of this optional module are as follows:
1.  You will acquire knowledge of the basic principles of tort, criminal law and human rights law which balance the relationship between patients and healthcare workers, studying such matters as consent, patient confidentiality, mental capacity, the right to live and the right to die.

2. You will develop several key transferable skills, including independent research, critical analysis and cogent academic writing in the context of medical law, emphasising the use of primary and secondary sources.

3. You will enhance your employability by the development of these skills, and by the practice of written and oral communication activities.

4. This module will give you the opportunity to choose a subject of assessment within the syllabus according to your own particular interests and experiences, in accordance with the Inclusive Assessment aims of the ESJ Framework.

This module supports graduate opportunity and employability by giving you key knowledge of a subject which is practised within the professional legal sector; and by giving you a host of transferable skills, including research, critical thinking and communication.

You will begin by considering, at a fundamental level, the nature of the relationship between patients and medical professionals. This includes consideration of the nature of the healing process, the uncertainties of medical science, and the ethical issues associated with modern advances in diagnosis and treatment (LO 1-3). This will inform your understanding of the ways in which the law is and is not  capable of regulating these matters.

There will then be a study of key aspects of the torts of negligence and battery that are of relevance in medical litigation (LO 1-3), as well as ways that litigation can be avoided by means of complaints and alternative dispute resolution (LO 1-3)

Emphasis will be placed on the ways in which the law regulates the complex ethical issues arising in the contexts of patient confidentiality, reproductive health, medical research, end of life care, and assisted dying (LO 1-3).

Learning & Teaching Strategy
Weekly two-hour lecture and one-hour seminar.
The lecture will be used for:
• Dissemination of knowledge through an overview of each topic with detailed guidance on appropriate aspects;
• An introduction to relevant academic literature;
• Guidance on learning strategies;
• Use of WebLearn and IT resources;
• Whole group questions and discussion.
The seminar will be used for the development of skills necessary to attain the module learning outcomes through:
• Written and oral questions/answers designed to reinforce fundamental rules, principles and cases;
• A range of step-by-step analytical exercises;
• Problem solving;
• IT tasks, such as research of cases and statutes;
• Legal writing;
• Oral presentation;
• Oral communication;
• Teamwork.

Blended Learning
All learning materials, previous examination questions and sample Q/A’s will be on blackboard for use in directed private study.
Student engagement will be encouraged in both lectures and seminars through weekly use of WebLearn for access to all of the above materials.
There will be required use of the professional legal databases, especially Westlaw and Lexis Library, for legal research.

Opportunities for reflective learning/pdp
Each weekly seminar will contain space for students to reflect on what they have learnt in relation to the overall syllabus. There will be frequent feedback opportunities structured into the timetable and a range of sample answers posted onto WebLearn.

Employability
Employability strategy will aim to acquaint students with a range of employment avenues both in the legal profession and in those professions into which legal qualifications and skills are transferable.

Student’s Study Responsibilities
The need for attendance, punctuality, preparation and engagement will be emphasised with particular reference to written and IT research, problem-solving, team-work, discussion, debate and critical awareness of the subject.

On successful completion of this module, you will be able to:
1. Demonstrate a knowledge and understanding of the basic principles of tort, criminal law and human rights law which balance the relationship between patients and healthcare workers.
2. Demonstrate the ability critically to discuss case study problems relating to medical law.
3. Demonstrate the ability to write critical, discursive essays relating to the topics covered in the syllabus.

https://rl.talis.com/3/londonmet/lists/0E05BAA8-83D3-E986-8CE2-ECD8A283078D.html

CORE

Medicine, patients and the law, by Margaret Brazier; Emma Cave; Rob Heywood, 2023, 7th edition

Text, cases and materials on medical law and ethics, by Marc Stauch; Kay Wheat, 2018, Sixth edition

ADDITIONAL

Merry and Mccall Smith's errors, medicine and the law by Alan Merry; Warren J. Brookbanks, 2017, Second edition

Medical law: text, cases, and materials, by Emily Jackson, 2022, Sixth edition

DATABASES
Westlaw Edge UK
Lexis+ UK