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LAW47230: CONTEMPORARY ISSUES IN MEDICAL LAW AND ETHICS

It is possible that changes to modules or programmes might need to be made during the academic year, in response to the impact of Covid-19 and/or any further changes in public health advice.

Type Open
Level 4
Credits 30
Availability Available in 2024/2025
Module Cap None.
Location Durham
Department Law

Prerequisites

  • None

Corequisites

  • None

Excluded Combinations of Modules

  • None

Aims

  • The general aim of this module is to cultivate a critical appreciation of the legal and ethical difficulties raised by modern medical practice. More specifically, the aims and objectives include the following:
  • To provide a solid foundation in the key concepts, principles and theories of medical law and ethics;
  • To examine the law's involvement with medicine;
  • To explore how legal principles might be most effectively used in the medical sphere;
  • To develop ethical and contextual awareness of selected medical topics.

Content

  • This module starts by introducing the major concepts and methodologies of medical law and ethics without presuming prior knowledge of either;
  • It explores the ability of the law to adequately respond to ethical, social and policy challenges that arise in the context of medicine;
  • It is research led (reflecting the current research strengths within the Biolaw staff in Durham Law School) and will focus upon contemporary issues of medical law and its ethical context;
  • Topics may include a selection of the following:
  • End of life decision-making;
  • Advance decision-making in the context of end of life care, reproductive care and psychiatry;
  • Assisted reproduction;
  • Surrogacy;
  • Foetal protection;
  • Abortion;
  • Violence and abuse in reproductive healthcare;
  • Human cloning and heritable genome editing;
  • Pandethics;
  • Prioritisation in health and law;
  • Informed consent;
  • Responding to risk.

Learning Outcomes

Subject-specific Knowledge:

  • On completion of the course, students will have the ability to:
  • Demonstrate a thorough knowledge and understanding of key medical law themes and concepts;
  • Demonstrate a detailed knowledge and understanding of the key ethical principles applied to medical practice;
  • Demonstrate a familiarity with the relevant literature and key debates surrounding specialised areas of medical law such as end of life, the beginning of life, consent and mental capacity;
  • Demonstrate a critical knowledge and understanding of how the law in England and Wales regulates medical decision-making and practice;
  • Demonstrate a critical knowledge and understanding of how human rights norms impact on domestic law relating to medicine;
  • Demonstrate a critical awareness of the relationship between law, ethics and medicine.

Subject-specific Skills:

  • On the completion of the module, students will have the ability to:
  • Articulate an advanced knowledge and understanding of a range of issues relating to medical decision making in law and policy and law is utilised to regulate medical decision-making;
  • Demonstrate a critical awareness and understanding of the significance of medical law in its wider socio-economic-political context;
  • Identify, analyse, evaluate and interpret the primary and secondary sources relevant to a given legal issue, and to be able to use them to reach informed and reasoned conclusions on points of law relating to medical decision making;
  • Research cases and engage with the case law critically;
  • Analyse and evaluate the existing law in the light of the legal, social, political and ethical issues raised and identify areas that may be reformed;
  • Demonstrate the ability to analyse, evaluate and apply the key ethical approaches relevant to medical decision making, including deontological, utilitarian and feminist approaches, care and public health ethics.

Key Skills:

  • On completion of the course, students will have acquired:
  • Information skills finding, interpreting and evaluating information, critical reading;
  • Critical thinking and problem solving skills critical analysis, evaluation and problem identification;
  • Communication skills academic writing, oral skills;
  • Independent learning and research skills.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

  • This module will use lectures to impart information and to guide students through the material they will have to research and analyse. Through discussion-led lectures and seminars the students will be invited to draw on their existing legal knowledge and engage with domestic, international, comparative and European legal materials, as appropriate. Feedback during seminars will provide students with immediate feedback on their progress and provide the opportunity for individual interaction with the tutor;
  • Where appropriate, a flipped classroom model will be used. The module will be delivered through a range of in-person and online activities;
  • At the end of the module a workshop will draw comparisons between the different segments, considering the extent to which different policy considerations frame the legal and ethical frameworks within which medicine is practised. During that workshop students will be given the opportunity to give a research presentation upon the topic of their summative essay, following which formative feedback will be provided. A choice of titles will be provided for the summative essay. At the start of Epiphany Term students will be required to complete a case analysis, a choice of cases will be provided. Together, the case analysis and essay will assess all learning outcomes;
  • Guest speakers from different policy and regulatory bodies (indicative examples may include the GMC, Dignity in Dying, British Pregnancy Advisory Service) may be invited to give recorded presentations to expose students to a range of perspectives.

Teaching Methods and Learning Hours

ActivityNumberFrequencyDurationTotalMonitored
lectures/seminars13Throughout the year, normally 7 in Michaelmas Term and 6 in Epiphany Term2 hrs26 
concluding workshop1Normally end of Epiphany Term4 hrs4 
preparation and reading270 
TOTAL300 

Summative Assessment

Component: summative essayComponent Weighting: 40%
ElementLength / DurationElement WeightingResit Opportunity
case analysis2,500 words100Y
Component: summative essayComponent Weighting: 60%
ElementLength / DurationElement WeightingResit Opportunity
summative essay3,500 words100Y

Formative Assessment

Research presenation during the final workshop

More information

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