LLM Medical Law, Ethics and Practice

This module will start by examining the substantive principles of law that underpin actions for medical negligence and the overall context in which compensation operates. Next, the fault-based system of this jurisdiction and others will be critically appraised.

The fault-based scheme will then be placed within the broader context of disciplinary and other quality assurance processes, more generally, with the regulation of the medical practice.

This module also examines the merits of alternative resolution mechanisms and no-fault compensation systems.

This module considers the centrality of consent to the legitimate delivery of medical care, the role of proxies and alternative legal justifications other than consent for medical procedures administered to patients and research subjects. The role of capacity as a concept in this framework and the essential ingredients will be investigated and critically evaluated, utilising, amongst other things, ethical frameworks and legal models from other jurisdictions as evaluative criteria.

Further, this module examines the concepts and constructs of mental disorder and illness employed within the legal and psychiatric domains and their unity and 'dialogue'. It explores models of compulsion concerning institutionalisation and treatment, comparing regimes in different jurisdictions and examining human rights and civil liberties issues and the protection of third parties.

This module allows you to learn about appropriate research methodologies and formulate research questions relevant to your chosen area of study.

This module covers researching and critically reviewing national and international literature, applying theoretical frameworks, research design and ethics, data collection and analysis, research writing and dissemination.

This module considers the legislation surrounding the creation and termination of life. It will explore the use of reproductive technologies, such as IVF treatment and the concept of creating ‘designer babies’ alongside the legal constraints on reproduction. Furthermore, life-saving technologies (such as organ and tissue transplantation) are considered in an ethical and legal context. There is much overlap between these areas, e.g. the use of ‘saviour siblings’, the replacement of body parts and tissues using stem cell technology and so on, which is also examined.

This module then turns to issues relating to end-of-life decision-making and termination of life, prolonging and hastening death in medical treatment and care. Within civil law, crucial concepts, such as life, death, personhood, compassion, autonomy and intention, are examined and evaluated. Finally, whilst considering criminal law, this module explores distinctions between acts and omissions regarding the death of another within and outside a medical context. Human rights dimensions are pervasive throughout the module.

The first part of this module examines the law regulating expert evidence in civil and criminal cases under English law, emphasising the defences (psychiatric excuses) under criminal law. Expert evidence may be crucial to the resolution of a case. It can be enormously compelling, but as a result of this, if it is not understood correctly by the judge, it can result in an incorrect decision being reached. There are other problems with expert evidence. For example, instructing an expert can add considerably to the cost of litigation. It can also significantly prolong the time it takes litigation to be concluded. As a result of these and other challenges, there is a considerable amount of law concerning how, when, and for what purpose, expert evidence can be admitted by the courts. This module aims to critically analyse the value and effectiveness of the rules in achieving their purpose.

The second part of this module focuses on the role of Her Majesty’s Coroner in English law when investigating sudden and unexpected deaths within their jurisdiction. It will necessarily encompass, among other things, matters pertaining to criminal investigations, deaths in hospitals and different care settings, and deaths in the workplace. The procedure for reporting fatalities and the relevance of Shipman will also be covered.

This final 60-credit module bridges a Postgraduate Diploma and an LLM. It has two parts: researching a topic and producing work that draws on the research to represent an advanced account of a particular area of law associated with the programme title.

The dissertation is studied independently with the assistance of a supervisor and is a chance for the student to pursue a relevant area of law of particular interest academically. The dissertation requires you to practice a range of skills developed over the course of the programme: researching and critically reviewing national and international literature, applying theoretical frameworks, research design and ethics, data collection and analysis, research writing and dissemination.

You will be orientated towards high-level independent study based on the preparatory work conducted in research methods workshops. These workshops emphasise developing research skills that will equip the student with the expertise to undertake relevant and topical research allied to the dissertation. The core material covers:

• Critiquing academic and practitioner research from a range of published sources.
• Developing tools and techniques for writing a critical literature review.
• Methodological considerations.
• Research design.
• Research ethics.
• Evaluating and communicating research.

You will be allocated a dissertation supervisor. Individual supervisors will work closely with you on a one-to-one basis to set goals, monitor progress and provide general and specific advice on research strategy, framing questions and scholarly writing.

You will be able to develop the theoretical and practical understanding learned throughout the programme as well as independent study and research skills, critical analysis and the ability to evaluate. The nature of a sustained and in-depth study can prove a valuable resource for future employment or further study.