UNIVERSITY OF KENT
Confirmation that this version of the module specification has been approved by the School Graduate
Studies Committee: 16 March 2015
MODULE SPECIFICATION
1.
Title of the module
Medical Practice and Malpractice (LW866)
2.
School or partner institution which will be responsible for management of the module
Kent Law School
3.
Start date of the module
September 2005, revised start date 2014-15
4.
The number of students expected to take the module
15
5.
Modules to be withdrawn on the introduction of this proposed module and consultation with
other relevant Schools and Faculties regarding the withdrawal
None
6.
The level of the module
Postgraduate [M]
7.
The number of credits and the ECTS value which the module represents
20 credits (10 ECTS)
8.
Which term(s) the module is to be taught in (or other teaching pattern)
Autumn or spring
9.
Prerequisite and co-requisite modules
None
10. The programmes of study to which the module contributes
LLM in (Specialisation); PG Diploma in (Specialisation); PG Certificate in Law
11. The intended subject specific learning outcomes
11.1
Students will have an enhanced understanding of the mechanisms involved in
professional regulation, the role of the courts and dispute resolution.
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11.2
11.3
11.4
Students will appreciate the relationship between medical law and ethics and the health
care professional’s duty of care.
Students will gain insight into confidentiality and the disclosure of information as
mediated by public interest and ethical concerns.
Students will be able to form a conceptual overview of changes in the doctor/patient
relationship as it is affected by resource allocation constraints and consumerism.
12. The intended generic learning outcomes
On successful completion of the module students will demonstrate the following skills:
12.1
12.2
12.3
12.4
Analytical thought and writing: reflect upon complex ideas and arguments; digest, analyse
and test scholarly views; relate scholarly ideas and arguments to issues and circumstances
in the contemporary medical law and ethics; summarise and analyse scholarly arguments
in writing.
Advocacy and defence: formulate an opinion in response to an issue or question,
construct coherent and persuasive arguments to advocate one’s view and defend that
view against criticism.
Communication and presentation skills: prepare oral and written presentations of
information and viewpoints to peers; respond to comment and criticism from peers; lead
and manage group discussion.
Problem solving: respond at short notice to questions and challenges making use of
knowledge, analytic skills and perspectives acquired in the module.
13. A synopsis of the curriculum
The curriculum includes the issues associated with litigation and complaints arising from breaches of
the health care professional’s duty of care. The relationship between this branch of medical law and
ethics and the law of torts and criminal law will be explored. The law relating to clinical negligence
will be placed within the context of professional regulation and the role of ‘soft law’ such as
guidelines explored. Critical evaluation of the salient caselaw will be emphasised.
14. Indicative Reading List
Mason & Laurie, Mason & McCall-Smith’s Law and Medical Ethics. (9th ed. OUP, Oxford 2013)
Jackson, Medical Law: Text Cases and Materials (3rd edn, OUP, Oxford 2013)
Herring, Medical Law and Ethics (5th edn, OUP, Oxford 2014)
Pattinson, Medical Law and Ethics (4th edn, Sweet and Maxwell, London 2014
15. Learning and Teaching Methods, including the nature and number of contact hours and the
total study hours which will be expected of students, and how these relate to achievement of
the intended module learning outcomes
Two hours of staff/student contact each week (excluding 1 reading and 2 writing weeks) involving
interactive lectures and discursive seminars will be conducted throughout the module. There will be
18 hours of teaching over 9 weeks of the term and the remaining 182 hours are dedicated to private
study time. Students are expected to prepare for and participate in all classes. There are 200 study
hours for the module.
A central preoccupation of medical law and ethics is the relationship between the health care
professional’s duty of care and liability for clinical negligence. This has important implications for
both legal and medical practitioners.
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Interaction through directed discursive seminars enables students to appreciate the impact of
multifarious ethical and legal perspectives on medical and healthcare practice: This method of
teaching and learning will address learning outcomes 11.1, 11.2, 11.3, 11.4, 12.2, 12.3, 12.4.
Collaborative learning through group-based exercises is a central theme in seminar sessions and
enables students to comprehend alternative ethical and legal perspectives: This method of teaching
and learning will address learning outcomes 11.1, 11.2, 11.3, 11.4, 12.2, 12.3, 12.4.
Throughout the course students are tasked with researching specific legal and ethical issues and they
will present their findings to their peers for comment at the next seminar session: This method of
teaching and learning will address learning outcomes 11.1, 11.2, 11.3, 11.4, 12.1, 12.2, 12.3, 12.4.
This module will provide students with the opportunity to conduct detailed analysis of caselaw in
relation to these issues and will assist in the selection of suitable dissertation titles.
16. Assessment methods and how these relate to testing achievement of the intended module
learning outcomes
The module is assessed by one essay of 4000 to 5000 words, including quotations and footnotes. A
choice of essay titles relating to the topics covered in the module will be circulated and students will
be invited to select one title. Students may write on another essay title with the agreement of the
module convenor. The objective of the essay is to test the student's knowledge and understanding
of the subject matter, research skills, analytical capacity and ability to express ideas in a clear and
coherent manner upon a basis of the learning outcomes as described above. (11.1-4 and 12.1-4)
17. Implications for learning resources, including staff, library, IT and space
None
18. The School recognises and has embedded the expectations of current disability equality legislation,
and supports students with a declared disability or special educational need in its teaching. Within
this module we will make reasonable adjustments wherever necessary, including additional or
substitute materials, teaching modes or assessment methods for students who have declared and
discussed their learning support needs. Arrangements for students with declared disabilities will be
made on an individual basis, in consultation with the University’s disability/dyslexia support service,
and specialist support will be provided where needed.
19. Campus where module will be delivered: Canterbury
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