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MEDICAL LAW AND ETHICS I

Code: LAW051

Credits: 15

Semester: Semester 1

In this module we examine fundamental components of the law’s regulation of the doctor:patient relationship, in particular ‘medical negligence’ claims – a specialist application of the tort of negligence in cases where medical error occurs,’ usually in the course of diagnosis, treatment or advice/information, and causes a recognised ‘harm’. We also explore legal limits to medical treatment decisions, such as the extent to which patients have the right to make their own treatment decisions, and, in cases where a patient may lack the ability to make these decisions for themselves, the application of the Mental Capacity Act 2005. Who decides in these cases whether the patient should be given life-saving surgery or when life sustaining ventilation should stop? – doctors, the family or the Court of Protection? And how are the patient’s rights and interests safeguarded when decisions are taken ‘for’ them? The patient, whose treatment must be determined, is recognised as being vulnerable – a vulnerability rooted in the imbalance of power in doctor-patient relationships, but also in the patient being unwell or anxious about their health. As we survey the legal frameworks which regulate treatment decisions we observe shifts in medical law jurisprudence, from forms of paternalism (or ‘doctor knows best’) to increased emphasis of ‘rights based’ and social justice informed models. Medical Law and Ethics is a 15 credit module for Level 6 students only.