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continued - Cardiff Law School - Cardiff University

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More online at:<br />

www.law.cardiff.ac.uk<br />

Legal Aspects of Medical Practice Modules<br />

Clinical Negligence<br />

◗ looks at clinical negligence, its relationship with criminal law and the<br />

law concerning consent to medical treatment in the litigation climate,<br />

◗ examines the roles of regulatory, monitoring and reporting agencies,<br />

◗ covers important topics for the place of guidelines, complaints<br />

procedures, claims management, employers’ liability and the Health<br />

and Safety at Work framework,<br />

◗ explores the law of negligence in healthcare, including the healthcare<br />

professional’s duty of care, primary and vicarious liability, breach of<br />

duty and the standard of care, causation and quantum,<br />

◗ addresses consumer protection issues and the role of the Medicines<br />

and Healthcare Products Regulatory Agency (MHRA),<br />

◗ explains the role of medical experts in the litigation process and<br />

possible proposals for reform,<br />

◗ analyses the legal liability of the manufacture, prescription, sale and<br />

dispensing of drugs.<br />

Consent to Treatment<br />

◗ examines the legal and ethical issues in consent to treatment and<br />

treatment without consent,<br />

◗ considers medical confidentiality, including confusion surrounding the<br />

Data Protection framework and confidentiality in medical research,<br />

◗ explores consent in the context of International Human Rights<br />

protection,<br />

◗ analyses the law of battery and negligence in relation to both<br />

competent and incompetent patients,<br />

◗ explains the rules of common law and statute and the position of<br />

children,<br />

◗ covers the Mental Capacity Act 2005, in particular at advance<br />

decisions and statements, and treatment attorneys,<br />

◗ looks at the Mental Health Act 1983 and consent to organ and<br />

tissue donation.<br />

The LLM (Legal Aspects of Medical Practice) route is ideal for<br />

professionals engaged in the practice of law and health care<br />

Introduction to Medical <strong>Law</strong> and the <strong>Law</strong> of<br />

Healthcare Management<br />

◗ introduces basic legal concepts, including the anti discrimination<br />

agenda, and issues in medical ethics which underpin many of the<br />

dilemmas facing the courts,<br />

◗ offers guidance on tackling legal research, reading cases, interpreting<br />

statutes, accessing legal databases and approaching legal writing,<br />

◗ explores the relationship between Medical <strong>Law</strong> and Criminal <strong>Law</strong><br />

through topics such as abortion, euthanasia and assisted suicide,<br />

◗ explores legal problems surrounding resource allocation, funding of<br />

high cost drugs,<br />

◗ analyses the role of the National Institute for Health and Clinical<br />

Excellence (NICE),<br />

◗ looks at Healthcare structure, the legal framework and devolution,<br />

and discipline in healthcare,<br />

◗ considers legal issues arising in relation to healthcare management,<br />

including clinical governance, risk management, human resources<br />

and the role of organisations such as the Healthcare Commission.<br />

Key Legal Aspects of Psychiatry and Reproductive<br />

Medicine & the Family<br />

◗ explores law and psychiatry, the law of reproductive medicine and the<br />

family,<br />

◗ considers human rights, ethical issues and proposals for reform,<br />

◗ explores the development of the law relating to psychiatry (the Mental<br />

Capacity Act 2005 and the Mental Health Act 1983), looking in<br />

depth at the present framework for detaining and treating patients<br />

without consent,<br />

◗ considers regulation affecting mentally disordered people in the<br />

community,<br />

◗ examines the common law and legislative provisions relating to<br />

aspects of human reproduction, including treatment of fertility,<br />

artificial methods of conception, human genetics, surrogacy,<br />

contraception, abortion, medical treatment of minors and child<br />

abuse.<br />

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