Postgraduate Course: Medico-Legal Issues in Clinical Negligence and Regulation (LAWS11562)
Course Outline
| School | School of Law |
College | College of Arts, Humanities and Social Sciences |
| Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
| Course type | Online Distance Learning |
Availability | Not available to visiting students |
| SCQF Credits | 20 |
ECTS Credits | 10 |
| Summary | This course interrogates medico-legal issues which arise in the delivery of healthcare, with a focus on clinical negligence law and healthcare professionals¿ fitness to practice, as well as patient safety and wellbeing. |
| Course description |
This course provides an in-depth examination of key medico-legal issues for patients, public and healthcare professionals which arise in the context of the delivery of healthcare.
In order to provide students with a strong foundation from which to expand their knowledge the course will commence with three sessions which consider the changing regulatory landscape and how high-profile failures in care have shaped modern healthcare, as well as patient safety and wellbeing. Weeks 4 and 5 will then focus on what happens when a healthcare professionals¿ fitness to practise is called into question, considering cases which engage issues such as clinical failures, dishonesty and sexual misconduct.
Weeks 6 ¿ 10 involve providing students with key foundational knowledge and problem-solving skills in relation to the law applicable to clinical negligence. In Week 6, an introduction is provided to (i) how this second half of the course links into the first half; and (ii) the key elements needed to establish a claim in clinical negligence. In Week 7, key evidentiary and practice-based issues in clinical negligence claims are examined including retaining medico-legal experts, time limitations for bringing claims, what defences may be available to healthcare professionals in defending such claims and what type and categories of compensation may be payable in the event that the claim is successful. In Week 8, a select topic, such as the use of AI in clinical decision-making, is examined in terms of potential liability for harm giving rise to clinical negligence claims. Week 9 explores reproductive torts and potential alternatives available to injured patients making clinical negligence claims, including other redress options and no-fault schemes. Week 10 involves a study of problem-based scenarios arising from clinical negligence in legal practice.
The course will be delivered online. Up to 2 of the sessions will involve interactions with legal/regulation practitioners to provide students with the opportunity to interact with experts who are at the forefront of legal and regulatory practice. Students will be expected to complete essential reading (as provided on a resource list on Learn) in advance, and come to the session ready to discuss their views.
The summative assessment will through a problem scenario (4000 words) which is due at the end of the course. Students will be prepared for the summative assessment by written feedback received on a formative assessment which will involve a shorter problem scenario (1000 words). This would be in addition to receiving oral feedback on their approach to addressing problem scenarios and critical argumentation skills during class discussions in the Week 10 live session.
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
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Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
Course Delivery Information
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| Academic year 2026/27, Not available to visiting students (SS1)
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Quota: None |
| Course Start |
Semester 2 |
Timetable |
Timetable |
| Learning and Teaching activities (Further Info) |
Total Hours:
200
(
Seminar/Tutorial Hours 40,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
156 )
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| Assessment (Further Info) |
Written Exam
0 %,
Coursework
100 %,
Practical Exam
0 %
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| Additional Information (Assessment) |
The summative assessment will be a problem scenario (4000 words) which is due at the end of the course, which comprises 100% of the overall mark for the course. |
| Feedback |
There will be a formative assessment comprising a problem scenario (1000-word answer max). This will follow a similar format to the final summative assessment, in order that markers can comment on key skills such as the development of well justified analysis, argumentation and clear conclusions. |
| No Exam Information |
Learning Outcomes
On completion of this course, the student will be able to:
- Demonstrate a sound grasp of core and specialist areas of health professional regulation and clinical negligence;
- Develop and apply critical thinking informed by legal and ethical analysis of core and specialist areas of these topics;
- Undertake independent critical analysis and problem solving through ethical and legal discourse, and the application of that analysis in discussion format;
- Utilise written and oral skills necessary to deliver the above;
- Employ autonomy, empathy, critical self-reflection; academic integrity.
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Reading List
| Mason McCall Smith, Law and Medical Ethics (12th edn) (OUP 2023) is the core textbook for this course. Students will be directed to key resources for essential and recommended readings in the weekly handouts and on e-resource lists on Learn. |
Additional Information
| Graduate Attributes and Skills |
¿ Critical self-reflection
¿ Creative problem-solving
¿ Skilled communication
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| Keywords | Clinical negligence,healthcare professional regulation,medico-legal; healthcare |
Contacts
| Course organiser | Mr Gerard Porter
Tel: (0131 6)50 2023
Email: Gerard.Porter@ed.ac.uk |
Course secretary | Ms Clare Polson
Tel: (0131 6)51 9704
Email: Clare.Polson@ed.ac.uk |
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