Topics
Year 1 sessions generally take place at the Monash Clayton Campus. Topics covered in Year 1 are:
- An Introduction to Law
- Sources of Law
- Overview of the judicial system
- Coronial processes
- Professional regulation
- Consent – obtaining consent from adult patients
- 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
- Medical site visit debrief session
Year 2 sessions generally take place at the Monash Clayton Campus. Topics covered are:
- 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
- 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
- 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:
- Consent to Medical Treatment – Adult Patients Who Lack Decision-Making Capacity
- Principles to guide decision making
- Medical Treatment Planning and Decisions Act 2016
- 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
- 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:
- 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
- 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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