LLB Law

The unit aims to: explore legal and ethical concepts and dilemmas within medicine and healthcare. The course will introduce students to key issues governing the boundaries and obligations within healthcare. This is a dynamic area of law that is regularly the subject of public debate because of the morally contentious nature of many issues within healthcare. While statutes have been created to regulate some issues, other legal dilemmas have been determined by the courts, drawing from criminal, civil, public, and human rights law principles. The course examines how moral and ethical debates have influenced, or been influenced by, the law. Students will reflect critically on the relationship of morality and the law in relation to areas of conflict, such as autonomy v paternalism. 

Specifically, the course introduces students to the connection between the law and the evolution of medical technology. It develops students' understanding of the role of the law, at both national and international level, in regulating health care interventions. The course teaches and builds on fundamental principles of law, such as capacity and consent, and considers how these have developed and been reshaped considering novel technological and medical developments such as embryo research and transplantation. It critically analyses case-law, clinical literature, statutory materials, and their relationship to ethical debate. 

This optional course is available to LLB law, Law with Criminology and Law with Politics within the third year. Registration is also open to study for students on international placements and from across SoSS.

LECTURES: 

The lectures will introduce and explain the key principles and frameworks of the law for each topic. The key learning objectives for each topic will be explained and illustrated. Case studies will be discussed to bring the law to life and the lectures will be interactive, seeking student opinion on fundamental issues. Students will be invited to reflect on important moral debates. The lectures will also include a coursework support lecture to aid the formative essay assessment. 

WORKSHOPS: 

Each workshop will include a mixture of learning activities to promote engagement and self-discovery, and to encourage students to develop a range of intellectual, practical, and transferable skills. In the first workshop, for example, the students will be given a selection of hypothetical problems in health care where they should map the notion of mental capacity and consider the unique health decision-making challenges that emerge throughout the life course. Another workshop will require students to debate in groups the ethical and legal issues that arise out the increased use of AI in healthcare and the impact this might have on the doctor-patient relationship. Within all workshops, there will be activities designed to support the engagement with academic articles and essay writing, to work towards the final summative assessment. 

OTHER SUPPORT: 

Open office hours, online drop-in surgeries to support the assessments, online discussion forums on BB.

Identify and explain the foundations of key legal principles within medical law. Understand how the law has developed in terms of the key statutes and common law principles and how moral and ethical arguments have shaped the development of law. Critically engage with how the law has responded to the conflicting arguments over how to regulate new technology and how it related to patient care.

Identify and be able to explain the statutes and common law principles governing this area. Critically discuss the relevant principles and develop arguments in support of their individual critical viewpoint. Having understood the sources of law, relevant codes of practice and other professionals’ sources (e.g. Professional guidance for health care professionals), students should be able to carry our research into the law and policies pertaining to medicine and healthcare provision as developments occur.

Develop the ability to explain and critique the law both verbally and in written work. Analyse real life scenarios to advise parties involved in problems within healthcare. Engage in advocacy in matters relating to medical and health care disputes.

Work effectively in collaboration with others to understand and summarise information and subjective viewpoints that are open to dispute. Reflect on conflicting ethical principles and understand how and why opposing views are formed, and how to approach conflict in a sensitive, mutually respectful way. Presenting and communicating complex and ethically sensitive material effectively.

Assessed essay 3,500 words (100%). For this essay students will be able to access the Law School's guidance on writing assessed coursework and will be able to clarify issues arising out of the understanding of the law with tutors. Support will be given through seminar and lecture time devoted to preparation for submission of the assignments. It should be noted, however, that one of the aims of this assignment is for students to demonstrate their independent research skills and therefore drafts of coursework will not be commented on.

Students may undertake an optional short non-assessed essay for which feedback on content and style will be provided.

M Brazier, E Cave and R Heywood, Medicine, Patients and the Law, Manchester University Press 2023, 7th Edition. 

Emily Jackson, Medical Law: Text, Cases, and Materials, 6th Edition, 2022.

Information

Restricted to: LLB and BA programmes within the School of Law

This course is available to incoming study abroad students.

Timetable

See Law School timetable