Run by School of Health Sciences

20 Credits or 10 ECTS Credits

Semester 1 & 2

Organiser: Dr Elizabeth Mason

The module is designed to increase the student’s knowledge of the legal responsibilities that underpin the provision of health and social care and is essential for the development of clinical and professional decision-making skills. The module will provide a critical examination of issues specifically relating to professional responsibilities, accountability and clients’ rights in the healthcare setting. The module is suitable for International MSc students as they will be able to undertake a comparative study of the law that governs health care practice in their own country with that of England and Wales. Completion of this module will enable students to develop decision making skills by developing the ability to critically evaluate the legal and ethical issues faced in professional practice.

Topics may include:

• English and Welsh Legal system,
• Structure and function of the courts in health and social care decisions making.
• Moral theories and ethical principles.
• The position of complaints, negligence, gross negligence and litigation in the NHS.
• Alternative forms of redress/ NHS Redress Act 2006.
• Vicarious liability and organisational responsibility for harm
• Professional fitness to practice.
• Professional accountability in health and social care – patient safety, negligence and litigation, clinical/practice guidelines and the law, expanded roles and competency.
• The rights of the client in health and social care delivery – to include international human rights, informed consent confidentiality and data protection, capacity and best interest decision making / advocacy / Gillick competence, Mental Capacity Act, DoLS and safeguarding.
• Record keeping and documentation / access to information
• Domestic violence and legal / professional responsibilities

good

Students must demonstrate a very good detailed knowledge of and an ability to provide a good level of critical analysis of the legal and ethical principles related to the topics covered within the module.

A detailed description can be found in the module handbook.

threshold

Threshold – in order to receive a ‘pass’ for the module, students will be required to achieve a minimum of a C- grade and demonstrate knowledge of and an ability to provide some critical analysis of the legal and ethical principles related to the topics covered within the module.

A detailed description can be found in the module handbook.

excellent

Students must be able to demonstrate a high level of knowledge of and an ability to provide a critical evaluation of the legal and ethical principles related to the topics covered within the module.

A detailed description can be found in the module handbook.

1. Critically analyse the development of legal and ethical principles related to health care through legal systems and ethical frameworks.

2. Critically evaluate moral theories and their relevance to health and care provision and decision making.

3. Critically evaluate the current position of litigation in the health and social care setting.

4. Critically review the legal and ethical rights of clients / patients within the health and social care settings.

Type	Name	Description	Weight
SUMMATIVE THEORETICAL ASSMT	Critical evaluation of a legal and ethical issue using systematic review	The student will complete a mini systematic review of a legal and ethical issue related to their clinical practice using relevant case law and peer reviewed literature and research.	100

		Hours
Lecture	Lead lectures - 30 hours (3 hours per week over 10 weeks)	30
Seminar	Seminar - 10 hours (1 hour per week over 10 weeks)	10
Tutorial	Assignment workshop and supervision tutorials 2 x 1 hour assignment workshops 3 x 1 hour tutorial sessions for assignment support	5
	Discussion board activity - 10 hours ( 30 minutes per week over 10 weeks)	5
Private study	Private study for reading and assignment completion	150

• Literacy - Proficiency in reading and writing through a variety of media
• Computer Literacy - Proficiency in using a varied range of computer software
• Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
• Exploring - Able to investigate, research and consider alternatives
• Information retrieval - Able to access different and multiple sources of information
• Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
• Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
• Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
• Teamwork - Able to constructively cooperate with others on a common task, and/or be part of a day-to-day working team
• Mentoring - Able to support, help, guide, inspire and/or coach others
• Caring - Showing concern for others; caring for children, people with disabilities and/or the elderly
• Management - Able to utilise, coordinate and control resources (human, physical and/or financial)
• Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
• Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others
• Leadership - Able to lead and manage, develop action plans and objectives, offer guidance and direction to others, and cope with the related pressures such authority can result in

Resource implications for students

1. Purchase of text books, pens and paper. 2. Photocopying and printing 3. Subscription to internet provider to access BU on-line catalogues and Blackboard from home residence.

Reading list

Beauchamp T.L., Childress J.F. (2013). Principles of Biomedical Ethics. Oxford University Press. Oxford. Seventh Edition.

Carr, C. (2012). Unlocking Medical Law. Oxford: Routledge.

Edwards, S. D., (2009). Nursing Ethics: a principled based approach 2nd Ed. . Basingstoke: Macmillan.

Herring, J. (2016). Medical Law and Ethics. Oxford: Oxford University Press.

Fry, S.T., & Johnstone, M.J., (2003). Ethics in Nursing Practice: a guide to ethical decision making 2nd Ed. Oxford: Blackwell Science.

Jackson, E. (2016) Medical Law Text, Cases and Materials 4th Ed. Oxford: Oxford University Press.

Kennedy I, Gubb A (2010) Medical Law Text & Material 3rd ed. London: Butterworth.

Mason, J.K. McCall Smith, R.A., Laurie, G. T. (2016). Law and Medical Ethics 7th Ed. London: Butterworths.

Murphy, R. & Wales, P. (2013). Mental Health Law in Nursing. London: Sage.

Smith, S.W. , Coggon, J. Clark, H. Huxtable, R. McGuinness, S. Miola, J. Mary Neal, M. (2017). Ethical Judgements: Rewriting Medical Law. London: Bloomsbury Publishing.Avery, G. (2017). Law and Ethics in Nursing and Healthcare 2nd Ed. London: Sage.

Other reading material such as articles, case summaries and judgments will be provided via links on Blackboard.

Co-requisites:

• NHS-4357: Advancing Skills Development

Co-requisite of:

• NHS-4398: Legal Concepts End of Life