Law School Module Details
The information contained in this module specification was correct at the time of publication but may be subject to change, either during the session because of unforeseen circumstances, or following review of the module at the end of the session. Queries about the module should be directed to the member of staff with responsibility for the module.
Title MEDICAL MALPRACTICE LITIGATION
Code LAW515
Coordinator Dr CJ Purshouse
Law
Craig.Purshouse@liverpool.ac.uk
Year CATS Level Semester CATS Value
Session 2023-24 Level 7 FHEQ First Semester 20

Aims

To introduce students to the major features of the system of compensating the victims of medical accidents

To examine, appraise and analyse the conflict (if any) between providing compensation for injured patients and providing medical care

To enable students to develop a critical appraisal the law and some procedural aspects of medical malpractice litigation

To enable students to examine, appraise and analyse the application of the tort of negligence to the medical context.

To examine, appraise and analyse the policy objectives of providing compensation for medical accidents

To prepare students for individual research in the field of compensating the victims of medical accidents

Learning Outcomes

(LO1) Have developed an advanced understanding of the law applicable when patients sue in respect of injuries sustained during medical treatment

(LO2) Have developed an advanced understanding of how concepts in the tort of negligence apply to the medical context.  

(LO3) Have developed an advanced understanding of the limitations of the law in providing compensation for the victims of medical accidents  

(LO4) Be able to discuss the issues raised in a coherent and informed manner with proper use of legal language 

(LO5) Be able to work independently to gain understanding of the issues  

(LO6) Be able to undertake independent research 

(S1) Develop critical analysis skills

(S2) Utilise problem-solving skills in complex theoretical and practical contexts

(S3) Develop time management and prioritisation skills by working to deadlines

(S4) Develop individual and group communication skills by seminar presentations

(S5) Develop oral discussion skills by participating in debates and problem-solving exercises

Syllabus
 

Duty of care in the medical context

Proving breach of duty

Causation

Consent and informed consent

Liability for occurences before birth/ Lost autonomy claims

Alternatives to litigation/ Reform

Effects of litigation - defensive practice

Criminalising medical accidents

Teaching and Learning Strategies

Teaching Method 1 - Seminar
Description: The students will participate in 12 two hour seminars. While these will be led by the module leader, student participation is encouraged through the use of allocated questions and guided reading. The seminars will therefore be interactive
Attendance Recorded: Yes

Self-Directed Learning Description: Following directed reading, independent study and preparation for seminar tasks

Teaching Schedule
  Lectures Seminars Tutorials Lab Practicals Fieldwork Placement Other TOTAL
Study Hours   24

         24
Timetable (if known)              
Private Study 176
TOTAL HOURS 200

Assessment
EXAM Duration Timing
(Semester)		 % of
final
mark		 Resit/resubmission
opportunity		 Penalty for late
submission		 Notes
             
CONTINUOUS Duration Timing
(Semester)		 % of
final
mark		 Resit/resubmission
opportunity		 Penalty for late
submission		 Notes
Critical/Case Commentary There is a resit opportunity. Standard UoL penalty applies for late submission. This is an anonymous assessment. Assessment Schedule (When) :To be submitted during seme  0    20       
Assessed essay There is a resit opportunity. Standard UoL penalty applies for late submission. This is an anonymous assessment. Assessment Schedule (When) :To be submitted during the January as  0    80       

Recommended Texts
Reading lists are managed at readinglists.liverpool.ac.uk. Click here to access the reading lists for this module.

Other Staff Teaching on this Module
 

Modules for which this module is a pre-requisite:
 

Pre-requisites before taking this module (other modules and/or general educational/academic requirements):
 

Co-requisite modules:
 

Programme(s) (including Year of Study) to which this module is available on a required basis:
 

Programme(s) (including Year of Study) to which this module is available on an optional basis:
 

Additional Programme Information