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Health law represents a body of law that regulates health care and health related activities. This is a dynamic skills based course that builds on earlier law courses like torts, criminal law and contract law. The primary objective of this course is the development of future legal professionals who can effectively undertake cross disciplinary research with confidence, and evaluate and apply underlying legal and ethical principles of health law. Topics include the statutory regulation of health care in Australia; ethics and professionalism in health care; confidentiality and ownership of medical records; privacy and health information; consent to medical treatment; medical negligence; abortion; reproductive technology; surrogacy; euthanasia; living will legislation; human tissue and organ transplantation; and complaints against health care professionals.

Contemporary developments in health knowledge and care have captured the attention and imagination of most Australians. More headlines appear to be devoted to health in the popular media than any other single area. Increased public awareness has also occurred in terms of the legal rights of those who access the health care system and the responsibility of health professions. Health law has become a distinct and important area of legal practice both internationally and locally. It is a dynamic, interdisciplinary expanding field recognised by universities as a distinct area of study and research. The study of health law requires an open mindedness and professional attitude because of the sometimes deeply controversial and emotional nature of the topics covered. Everyone has views about the role of the law in terms of regulating health care because we are all the potentially affected. As such, this course encourages students to research, critically analyse and appreciate the often contradictory perspectives that emerge from the topics. Students will learn how to problem solve in an area that is vulnerable to sometimes unsatisfactory resolutions.

On the successful completion of this course students should be able to demonstrate:

1. basic knowledge of a range of fundamental concepts that lie at the foundation of substantive law in the field of health care including legal and ethical dimensions of Queensland’s health laws, policies and system, how they function and how they compare with similar laws, policies and systems in other jurisdictions;
2. knowledge of the implications of health issues for Queensland law reform, policy and practice and distinguish between ‘law in the books’ and ‘law in action’ by contextualising health laws within the broader social, political, cultural, spiritual, environmental and economic framework of Australian society;
3. enhanced interdisciplinary research skills with social justice purpose in the field of health and health care;
4. enhanced thinking skills by consistently applying an analytical and critical law technique to new knowledge that embodies a balanced approach to complex legal issues from a range of stakeholder perspectives so as to evaluate competing claims and arguments about possible legal and ethical problems in the context of health and health care;
5. ability to reason and deploy evidence clearly and logically in support of their arguments on how the boundary of responsibilities by health professionals to their patients is to be lawfully negotiated;
6. competency in effective communication (oral and written) in a professional and respectful way that is sensitive to diverse purposes and different audiences.