Topics

Year 1 sessions generally take place at the Monash Clayton Campus. Topics covered in Year 1 are:

  1. An Introduction to Law
    • Sources of Law
    • Overview of the judicial system
    • Coronial processes
    • Professional regulation
    • Consent – obtaining consent from adult patients
  2. Confidentiality in Clinical Practice
    • Legal basis of privacy and confidentiality
    • Legal action for breach of confidence
    • Health Complaints Commissioner
    • Collecting patient health information
    • Using and disclosing patient health information
    • Disclosure where required, permitted or authorised by law
    • Data quality and security
    • Ownership and access to medical records
    • Identifiers and anonymity
  3. Medical site visit debrief session

Year 2 sessions generally take place at the Monash Clayton Campus. Topics covered are:

  1. Negligent Acts and Omissions in Clinical Practice
    • Key elements of a negligence claim
    • Good Samaritan legislation
    • The defence of contributory negligence
    • Vicarious liability
    • Hospital liability
  2. Doctor-Patient Communication:  Disclosure Standards
    • Elements of a negligence claim regarding information disclosure
    • Common law standards governing risk disclosure
    • Rogers v Whittaker
    • Statutory standards concerning risk disclosure
    • The role of expert opinion
    • Therapeutic privilege
    • Disclosing adverse events
  3. Medical site visit debrief session

Year 3 sessions take place across a number of sites including Monash Clayton Campus, Box Hill Hospital and The Alfred Centre. Topics covered are:

  1. Consent to Medical Treatment – Adult Patients Who Lack Decision-Making Capacity
    • Principles to guide decision making
    • Medical Treatment Planning and Decisions Act 2016
  2. End of Life Decisions Involving Competent and Incompetent Patients
    • Distinction between suicide and refusal of treatment
    • Euthanasia
    • Voluntary Assisted Dying legislation
    • Refusal of medical treatment
    • Medical treatment decision makers
    • Withdrawal of medical treatment
  3. Legal Aspects of Organ and Tissue Donation and Use
    • Organ and tissue donation after death
    • Living donors: adults
    • Living donors: minors
    • Living donors: incompetent adults
    • Revocation of donor consent
    • Coronial and hospital post mortem examinations
    • Use of tissue removed at autopsy
    • Discarded tissue
    • Common law and statutory liability

Year 4 sessions take place at Monash Children's Hospital and The Alfre Centre. Topics covered in Year 4 are:

  1. Legal Aspects of Mental Health in Clinical Practice
    • Compulsory mental health treatment: the treatment criteria
    • Mental illness defined
    • Treatment defined
    • Clinical process of compulsory treatment
    • Assessment orders
    • Temporary treatment orders
    • Treatment orders
    • Advance statements
    • Role and function of the Mental Health Tribunal
    • Mental Health Complaints Commissioner
    • Electroconvulsive therapy
    • Disclosure to third parties
  2. Law Relating to Children and Young Persons as Patients
    • The mature minor concept
    • Minors with intellectual disabilities
    • Minors with mental illness
    • Minors who are married or parents
    • Parens patriae jurisdiction of the Supreme Court
    • Statutory consent provisions
    • Treating without consent
    • Minors and refusal of treatment
    • Confidentiality issues
    • Mandatory reporting
    • Access to medical records

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