Registry

Module Specifications

Archived Version 2011 - 2012

Module Title	Healthcare Law and Society
Module Code	LG347
School	School of Law & Government
Online Module Resources
Module Co-ordinator	Dr. Brenda Daly	Office Number	C228
NFQ level	8	Credit Rating	5
Pre-requisite	None
Co-requisite	None
Compatibles	None
Incompatibles	None

Description

This module will introduce students to the fundamental concepts of healthcare law and will address contemporary issues arising within healthcare law. The module aims to provide students with a knowledge and critical appreciation of, the current trends and characteristics of the subject area in this complex and evolving area of law.

Learning Outcomes

1. Analyse the social, political and economic context within which health law is developing.
2. Explain the autonomy and rights of the individual patient in relation to clinical treatment.
3. Critically analyse the impact of the law in relation to new technologies and treatments in healthcare.
4. Discuss general issues relating to legal theory and its impact on the development of healthcare.
5. Identify and evaluate the role of key institutions, both international and regional, which create and enforce rules relating to health and healthcare.

*Type*	*Hours*	*Description*
Workload	Full-time hours per semester
Lecture	24	No Description
Independent Study	101	No Description
Total Workload: 125

All module information is indicative and subject to change. For further information,students are advised to refer to the University's Marks and Standards and Programme Specific Regulations at: http://www.dcu.ie/registry/examinations/index.shtml

Indicative Content and Learning Activities

Right to health
Right to health – health as a fundamental and human right – Art 25 of the Universal Declaration of Human Rights, UN 1948; EU Charter of Fundamental Rights (Nice, 2000); European Convention for the protection of Human rights and fundamental freedoms; Social Charter; EU Treaty; national states; international obligations. Right to health recognised in the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Patients' Rights
Patients’ rights – autonomy, consent, access to information, confidentiality, privacy, access to healthcare services (“health tourism”), access to medicine.

Constitutional and Human Rights in medical intervention.
Constitutional and Human Rights in medical intervention.

Medical intervention at the beginning and ending of life:
Contraception; Assisted Human Reproduction; Abortion and Abortion information; Genetic screening; Withdrawal of treatment; Euthanasia; Removal and retention of body organs.

Cultural and societal influences on healthcare law.
Public health law. Impact of globalisation on the development of a body of rules and standards dealing specifically with health promotion.

Institutions responsible for global health law
WHO/UN/EU/national governments.

Infectious disease control
Global responses to pandemics and epidemics.

Assessment Breakdown
Continuous Assessment	30%	Examination Weight	70%

Type	Description	% of total	Assessment Date
Course Work Breakdown

Reassessment Requirement
Resit arrangements are explained by the following categories; 1 = A resit is available for all components of the module 2 = No resit is available for 100% continuous assessment module 3 = No resit is available for the continuous assessment component
Unavailable

Indicative Reading List

Hervey, T. & McHale, J.: 2004, Health Law and the European Union., Cambridge University Press., Cambridge,
Toebes, B: 1999, The Right to Health as a Human Right in International Law, Intersentia/Hart, Antwerp,
Wicks, E.: 2007, Human Rights in Healthcare, Hart Publishing, Oxford,
Healy, J.: 2009, Medical Malpractice Law, Round Hall, Dublin,
Madden, D.: 2003, Medicine, Ethics and the Law, Butterworths, Dublin,
Mason, J., McCall Smith, R. and Laurie, G.: 2002, Law and Medical Ethics, 6th, Butterworths, Dublin,
Tomkin, D. & Hanafin, P.: 1995, Irish Medical Law, Round Hall Press, Dublin,
Fidler, D.P.: 2000, International Law and Public Health: Materials and Analysis of Global Health Jurisprudence., Transnational, London:,
Harrington, J. (ed): 0, Special Issue on Global Health Law [2004] Law, Social Justice and Global Development. Vol.1,
Kennedy, I. & Grubb, A.: 2000, Medical Law, 3rd, Oxford University Press, Oxford,
Montgomery, J.: 2003, Health Care Law, 2nd, Oxford University Press, Oxford,
Mossialos, E. & McKee, M.: 2002, ) EU Law and the Social Character of Health Care, PIE Peter Lang., Brussels,
O’ Mathuna, D., Scott, A., McAuley, A., Walsh-Daneshmandi, A. and Daly, B.: 2005, Health Care Rights and Responsibilities: A Review of the European Charter of Patients’ Rights, Irish Patients’ Association & Dublin City University School of Nursing., Dublin,
Randall, E.: 2001, The European Union and Health Policy, Palgrave, Basingstoke,
Van der Mei, A.P.: 2003, Free Movement of Persons within the European Community: Cross Border Access to Public Benefits., Hart, Oxford,
Lewis, C.: 2001, Clinical Negligence: A Practical Guide, Butterworths, Dublin,
Higgins, E. & Tatham, L.: 2006, Successful Legal Writing, 1st, Thomson - Sweet & Maxwell, London,
Knowles, J. & Thomas, P.: 2006, Effective Legal Research, Thomson - Sweet & Maxwell, London,
Bradney, A., Cownie, F., Masson, J., Neal, A. & Newell, D.: 2005, How to Study Law, 5th, Thomson - Sweet & Maxwell, London,

Other Resources

745, Journal, 0, British Medical Journal, 746, Journal, 0, Bulletin of the World Health Organization, 747, Journal, 0, Eurohealth, 748, Journal, 0, European Journal of Health Law, 749, Journal, 0, European Journal of Public Health, 750, Journal, 0, Journal of European Public Policy, 751, Journal, 0, Journal of Health and Human Rights, 752, Journal, 0, Medical Law Review, 753, Website, 0, www.who.int, 754, Website, 0, www.bmj.com, 755, Website, 0, Firstlaw, 756, Website, 0, Westlaw, 757, Website, 0, Justis,

Programme or List of Programmes

BCL	BCL (Law and Society)

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