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LAWS3085 Health Care Law 1

Module Overview

The second part of the course considers other torts (e.g., nuisance, the rule in Rylands v Fletcher, defamation, breach of confidence), special liability regimes (e.g., occupiers’ liability, vicarious liability), and current issues of particular difficulty and importance in respect of tort law. The basic principles learnt in the first part of the course are applied and consolidated. This part of the course is mostly organised around fortnightly blocks; generally of four lectures and two tutorials (the second of which in each cycle will focus on tackling a practice question). Tutorials will run weekly throughout both semesters.

Aims and Objectives

Module Aims

• to develop knowledge and understanding of the main legal features of the relationship between patients and health services and the range of regulatory techniques used in health care law; • to develop knowledge and understanding of the main types of arguments used to justify legal regulation; • to develop the ability to critically evaluate the success of legal interventions in health care law; • to offer an opportunity to develop independent research skills, including analysis and argumentation; (communicated through both oral and written work), drawing on a range of disciplines as appropriate, through critical analysis of selected areas of health care law.

Learning Outcomes

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

  • the interaction between patients and the health care system;
  • the socio-political emphasis behind the regulation of health care provision.
Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

  • critically appraise the use of law to promote health and secure healthcare, using appropriately selected specific examples to justify your assessment;
  • consider the relative merits of legal and other mechanisms for regulating health care;
  • examine the relationship between law, ethics and politics in the context of health care.
Transferable and Generic Skills

Having successfully completed this module you will be able to:

  • clarify, inform and defend your views on selected issues of health care law and ethics;
  • examine and assess specific aspects of health care law in response to questions posed orally and/or in writing;
  • communicate your views orally as part of a group and/or in writing.


Psychiatric harm

Learning and Teaching

Teaching and learning methods

The tutorials are intended as occasions for detailed discussion of specific topics within the broader areas covered in lectures, and you are expected to come fully prepared. Reading, questions and all the cases required for preparation will be placed on Blackboard in advance of each tutorial. Tutorials are also occasions for you to raise problems and questions and to obtain feedback on your progress. In semester two you will have the opportunity to go through sample questions in dedicated tutorials.

Follow-up work5
Completion of assessment task35
Wider reading or practice10
Preparation for scheduled sessions80
Total study time150

Resources & Reading list

Mason, J K & Laurie, G T (2013). Law and Medical Ethics. 

Montgomery, J (2002). Health Care Law. 

Brazier, M & Cave, E (2011). Medicine, Patients and the Law. 

Jackson, E (2013). Medical Law Text and Materials. 





MethodPercentage contribution
Essay  (4000 words) 100%


MethodPercentage contribution
Essay  (4000 words) 100%


MethodPercentage contribution
Essay  (4000 words) 100%


Costs associated with this module

Students are responsible for meeting the cost of essential textbooks, and of producing such essays, assignments, laboratory reports and dissertations as are required to fulfil the academic requirements for each programme of study.

In addition to this, students registered for this module typically also have to pay for:


Recommended texts for this module may be available in limited supply in the University Library and students may wish to purchase the mandatory/additional reading text as appropriate.

Please also ensure you read the section on additional costs in the University’s Fees, Charges and Expenses Regulations in the University Calendar available at

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