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DL prospectus 30 oct 2001.doc DL prospectus 30 oct 2001.doc Document Transcript

  • The Centre for Social Ethics and Policy School of Law The University of Manchester Distributed Learning MA/Postgraduate Diploma in Health Care Ethics & Law Prospectus February 2002 Intake
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus CONTENTS Part 1 NATURE OF M.A./POSTGRADUATE DIPLOMA PROGRAMMES Programme aims Programme objectives Programme Content, Design, and Organization Postgraduate Diploma M.A. Normal Entry Qualifications Postgraduate Diploma in Health Care Ethics and Law M.A. in Health Care Ethics and Law Other Entry Requirements Internet and email Language Skills Buying books THE CENTRE FOR SOCIAL ETHICS AND POLICY (CSEP) STAFF Part 2 COURSE UNIT OUTLINES Moral Philosophy I & II Medico-Legal Problems I & II Medico-Legal Problems in Practice Health Care Ethics in Practice Research Ethics Ethics and Genetics Part 1 NATURE OF M.A./POSTGRADUATE DIPLOMA 2 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus PROGRAMMES Programme aims The general aim is to provide the highest quality of training in health care ethics and health care law in a flexible, interdisciplinary way. This course caters to the practical needs of health care and legal professionals, and those in related fields, by training them to apply moral and legal theory to real world scenarios in a diverse range of contexts. Programme objectives By the end of the programme students will possess: • a comprehensive understanding of the major theoretical bases of the principles of health care ethics and law; • the ability to analyse in depth the real implications of moral and legal theories especially theories of justice for society and the individual; • an extensive understanding of central ethical issues including autonomy, consent, the moral status of the fetus, resource allocation, euthanasia, organ transplantation, withdrawal of treatment, genetic testing, HIV testing, genetic manipulation, stem cell research, and research ethics; • an extensive understanding of central issues in medical law including consent, refusal of treatment, confidentiality, medical malpractice, competency, the legal status of the fetus, death, dying and the law, access to health care and clinical negligence. Programme Content, Design, and Organization Both the MA and the Postgraduate Diploma in Health Care Ethics and Law comprise of eight Course Units. The delivery of the Course Units is via interactive learning texts which guide you through the areas of study and point you in the direction of further reading. Both MA and Postgraduate Diploma students will be required to complete 2 Course Units every 16 weeks. These Course Units are made up of 10 Sections each which represent the equivalent of about an hour and a half lecture with reading (usually around 2-3 papers or chapters). At the end of each Course Unit students are required to submit a essay of around 4,000 words. There are eight Course Units in all that will be completed over the 2 years. Each individual Course Unit carries a credit value of 15 credits. The programme structure for the February 2002 intake is as follows: February 2002 March Moral Philosophy I Medico-Legal Problems I April May 3 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus June July Moral Philosophy II Medico-Legal Problems II August September October November Cases from Health Care Cases from Medico- December Practice Legal Practice January 2003 February March Research Ethics Ethics and Genetics April May June July August M.A September Dissertation October by independent research November December January 2004 Postgraduate Diploma 40% represents a pass for the Postgraduate Diploma. The Postgraduate Diploma may only be conferred upon a person who has satisfied the Examiners in assessment of all eight required Course Units. M.A. The M.A. in Health Care Ethics and Law has the same requirement for the successful completion of the eight Course Units as for the Postgraduate Diploma, but with 50% representing a pass for the M.A. In addition, candidates for the M.A. must successfully complete a dissertation by independent research of between 15,000 and 20,000 words. The M.A. dissertation is rated at 60 credits, giving a total credit rating for the M.A. of 180 credits. While all eight Course Units must be completed before permission can be granted for a candidate to proceed to the dissertation, students should inform the Course Director of their choice of subject by February of their second year. The M.A. may only be conferred upon a person who has satisfied the Examiners in assessment of all eight required Course Units, and in assessment of the dissertation. Candidates for the M.A. who fail to satisfy the Examiners in the requirements for the M.A. may apply to have their assessed performance considered for the award of the Postgraduate Diploma. Normal Entry Qualifications Postgraduate Diploma in Health Care Ethics and Law Applications for admission to the Postgraduate Diploma in Health Care Ethics and Law will be considered from those who hold professional qualifications in any of the health care and legal/paralegal professions, and can demonstrate progression in their career over at least 3 years. Candidates may be asked to provide 2 or 3 examples of their written work. 4 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus M.A. in Health Care Ethics and Law Applications for admission to the M.A. in Health Care Ethics and Law will be considered from those who hold relevant first degrees. Degrees considered relevant for study in this interdisciplinary field cover a very wide spectrum. Candidates without a first degree may register initially for the Postgraduate Diploma in Health Care Ethics and Law and will be considered for transfer to the M.A. mid-session subject to completion of three Core course units at 50% or above. Other Entry Requirements Internet and email Access to the internet and email is essential for this programme. Language Skills Students must be proficient in English for this programme. Buying books Over the two years of the programme students must be prepared to buy the books recommended in the Course Units these are: Year 1  Margaret Brazier, Medicine, Patients and the Law, [2nd Edition] (London: Penguin, 1992) th  Tom L. Beauchamp & James F. Childress, Principles of Biomedical Ethics [5 edition] (New York: Oxford University Press, 2001)  John Harris, The Value of Life (London: Routledge and Kegan Paul, 1985,1991)  John Harris(Ed.), Bioethics, (Oxford: Oxford University Press, 2001)  Raanan Gillon, Philosophical Medical Ethics (London: John Wiley & Sons on behalf of the British Medical Journal, 1986)  J.K. Mason and A. McCall Smith, Law and Medical Ethics, [5th Edition] (London, Butterworths: 1999) You may also find it useful to buy:  I. Kennedy & A. Grubb, Medical Law Text and Materials [3rd edition] (London: Butterworths 2000)* *This book contains extracts from most of the relevant law reports and is extremely useful but rather expensive at around £50. You can access most of the law reports through the internet. Year 2 [It is advisable to wait before buying these books, it may be that a better alternative becomes available in time for the second year courses]  Justine C. Burley & John Harris (Eds.) A Companion To Genethics: philosophy and the genetic revolution (Oxford: Basil Blackwell, 2001)  Len Doyal (Ed.) Informed Consent (London: British Medical Journal, 2001)  Donald Evans & Martyn Evans, A Decent Proposal – Ethical Review of Clinical Research (Chichester: John Wiley & Sons, 1996)  John Harris, Clones, Genes and Immortality (Oxford: Oxford University Press, 1998) THE CENTRE FOR SOCIAL ETHICS AND POLICY (CSEP) STAFF Rebecca Bennett is Lecturer in Bioethics and a Fellow of the Institute of Medicine, Law and Bioethics. She was formerly Research Fellow on the Commission of the European Communities’ Biomedicine and Health Research Programme (BIOMED 2) Project Communicable Diseases, Lifestyles, and Personal Responsibility - Ethics and Rights, and Research Fellow on the BIOMED 1 Project AIDS: Ethics, Justice And European Policy. She is currently developing materials for the M.A. / Postgraduate Diploma in Health 5 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus Care Ethics and Law by Distributed Learning. She has published widely on diverse issues in bioethics and her recent publications include: (with John Harris) ‘Dementia and End of Life Dilemmas’, in Ames, D., Burns, A. & O’Brien (eds.), Dementia [Second Edition] (Chapman and Hall, in press); ‘Should we Routinely Test Pregnant Women for HIV?’ in Rebecca Bennett & Charles A. Erin (eds.), HIV and AIDS: Testing, Screening and Confidentiality, (Oxford: Oxford University Press, 1999); and (with John Harris) ‘Restoring Natural Function: Access to Infertility Treatment Using Donated Gametes’, Human Fertility, 2 (1999) 18-21. Margaret Brazier, Professor of Law, OBE 1997, LL.B. 1971, Barrister 1973, F.R.S.A. 1993. She is President of the Society of Public Teachers of Law. Her research and teaching interests centre on the law of torts, and on medical law and ethics. In those contexts she has published Medicine Patients and the Law (2nd edition, 1992), Protecting the Vulnerable: Autonomy and Consent in Health Care (1991, with Mary Lobjoit), has been responsible for the 8th and 9th editions of Street on Torts, and has been an editor since 1974 of Clerk and Lindsell on Torts, becoming the General Editor in 1990. She chaired the Home Office Animal Procedures Committee from 1993 - 1998 and she sits on the Nuffield Council on Bioethics. She was a member of the Royal College of Obstetricians and Gynaecologists’ Working Party on Fetal Awareness in 1997 and recently chaired the Review of Surrogacy Arrangements on behalf of the Department of Health. She is the Legal Studies Director of the Centre for Social Ethics and Policy, a director of the Institute of Medicine, Law and Bioethics, and a member of the Advisory Board for Medical Ethics at Keele University. She is a member of the editorial boards of the Medical Law Review, Medical Law International, the Journal of Medical Ethics, and Professional Negligence. Caroline Bridge, Senior Lecturer in Law, B.A., LL.B. 1983, LL.M. 1987, Barrister and Solicitor (New Zealand). Formerly: Lecturer in Law, Victoria University of Wellington, New Zealand; consultant on matrimonial property to the New Zealand Royal Commission on Social Policy, 1987. Her research interests centre on family and child law, and medico-legal issues. She is presently acting as a member of the Lord Chancellor’s Department Research Programme team evaluating Information Provisions and Associated Meetings within the Family Law Act 1996. She is also Editor of the Family Law Reports and writer of Case Comments for Family Law. Charles A. Erin, B.Sc. (Wales), M.Sc. (London), M.Sc. and Ph.D. (Manchester) is Senior Lecturer in Applied Philosophy, and a Fellow of the Institute of Medicine, Law and Bioethics. He is Programme Director for the M.A. and Postgraduate Diploma in Health Care Ethics and Law by Distributed Learning. He has published on diverse issues in bioethics, and his current research interests include self ownership, the commodification of the human body, freedom of movement, and the relationship between human values and rational arguments. Marie Fox, LL.B. 1985, M.Jur. 1987, is Senior Lecturer in Law, and Examinations Officer for the School of Law. She was formerly Lecturer in Law, University of Lancaster (1987-88) and Queen’s University of Belfast (1988-93). She is co-author (with McHale and Murphy) of Health Care Law: Text with Materials (Sweet and Maxwell 1997) and (with Christine Bell) of Learning Legal Skills (3rd edition, 1999). Her main research interests are in feminist legal theory, animal rights, reproductive choice, and clinical research. She sits on the Ethics Committee of the British Medical Association. John Harris, B.A., D.Phil., is Sir David Alliance Professor of Bioethics. Professor Harris is Programme Director for the M.A. and for the Postgraduate Diploma in Health Care Ethics and Law. He is a member of the Ethics Committee of the British Medical Association, a Founder Director of the International Association of Bioethics, a founder member of the Board of the journal Bioethics and a member of the Editorial Board of the Journal of Medical Ethics and a number of other journals. He frequently appears on radio and television both in the United Kingdom and overseas to discuss Biomedical Ethics and related issues. He has acted as Ethical Consultant to national and international bodies and corporations including the European Parliament, The World Health Organisation, The European Commission, The Joint United Nations Programme on HIV/AIDS (UNAIDS), The Health Council of the Netherlands, The British Fluoridation Society, and Granada Television. He is the Series Editor of ‘Social Ethics and Policy’ published by the international publishers Routledge, and is the founder and a General Editor of a major new series of books for Oxford University Press entitled ‘Issues in Biomedical Ethics’. He has recently completed (as Project Director) three research projects for the Commission of the European Communities 6 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus under their Biomedical and Health Research Programme (DGXII). He is a member of the United Kingdom Government Advisory Committee on Gene Testing. John Harris is the author or editor of twelve books and over one hundred and thirty papers. Among his major publications are: Violence & Responsibility (Routledge & Kegan Paul, London, Boston & Henley 1980), pp.177; The Value Of Life (Routledge, London, Boston, Melbourne & Henley, 1985, 1989, 1990, 1992 &1994) pp.281; (edited with Anthony Dyson) Ethics and Biotechnology (Routledge, London 1994) pp.274; Clones, Genes and Immortality (Oxford University Press 1998) pp.328; and (edited with Søren Holm) The Future of Human Reproduction (Clarendon Press, Oxford 1998) pp254. Søren Holm, B.A. (Copenhagen), M.A. (Manchester), M.D. (Copenhagen), Ph.D. (Copenhagen), Dr. Med. Sci. (Copenhagen) is Professor of Clinical Bioethics at the Institute of Medicine, Law and Bioethics and the Centre for Social Ethics and Policy at the University of Manchester, and is Honorary Registrar in the Department of Medical Oncology, Christie Hospital, where he works in the ovarian cancer clinic. Professor Holm is the Programme Director for the Intercalated B.Sc. in Health Care Ethics and Law. He is a former member of the Danish Council of Ethics, and has chaired working groups of the Council on a number of issues including Resource Allocation in the Danish Health Care System, Compulsory Treatment and Care in Psychiatry, The Conditions of the Demented Elderly, and Transplantation issues. He is the author of Ethical Problems In Clinical Practice – The Ethical Reasoning Of Health Care Professionals (Manchester: Manchester University Press, 1997), and co-editor (with Inez de Beaufort and Medard Hilhorst) of In the Eye of the Beholder – Ethics and Medical Change of Appearance (Oslo: Scandinavian University Press, 1996), and (with John Harris) of The Future Of Human Reproduction – Ethics, Choice and Regulation (Oxford: Clarendon Press, 1998), and many articles on conceptual and empirical issues in bioethics. Diana Kloss, LL.B. 1959, LL.M. 1960, Barrister 1986, is Senior Lecturer in Law. Her main research and teaching interests lie in the fields of employment law and health services law. She is part-time Chairman of Industrial Tribunals and is on the ACAS Panel of independent arbitrators. The second edition of her book Occupational Health Law was published by Blackwells in 1994. She was formerly a non-Executive Director of an NHS trust and of a Family Health Services Authority, and is currently on two national Department of Health Committees on AIDS and Health Care Workers with blood-borne viruses. She also has a part-time practice at the Bar. Dr Simon Woods is Lecturer in Bioethics at the Institute of Medicine, Law and Bioethics and at the Centre for Social Ethics and Policy, University of Manchester.. He has a background in the ethics of nursing and in palliative care. Part 2 COURSE UNIT OUTLINES Moral Philosophy I & II Materials developed by Rebecca Bennett Original taught Course Units developed by John Harris Course Unit Tutors: Rebecca Bennett & John Harris Introduction 7 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus This Course Unit constitutes a rigorous introduction to Moral Philosophy and provides a comprehensive grounding for its application to the problems and dilemmas of Health Care. The importance of Medical Ethics does not lie in its ability to provide simple answers in advance to the difficult problems faced by health care professionals and others. It lies, rather, in its ability  to widen awareness of the issues involved and sensitivity to them;  to clarify one’s thinking about these issues;  to work out the full consequences of possible moral positions, to see if they are acceptable; and  to develop skill in testing whether arguments really prove what they claim to prove, and in distinguishing proof from rhetoric. Although, of course, in doing this it will inevitably indicate better or worse, more or less fruitful approaches, and even come to some conclusions.] Aims The aims of this Course Unit are:  To provide students with a set of conceptual tools.  To demonstrate how these tools may can be applied to a range of health care related issues. Objectives At the end of this Course Unit you should:  have a good understanding of relevance of moral philosophy to decision making in a medical setting.  have developed your appreciation and understanding of moral philosophy and it’s use when applied in the context of medical decision making.  be acquainted with philosophical arguments in the context of a ‘practical’ medical dilemma.  have developed your skills in understanding and presenting clear arguments. Course Unit Outline: Moral Philosophy I Section 1: What is the relevance of Moral Philosophy in the context of Health Care? Section 2:Background: The History of Bioethics; Theoretical Approaches; Law and Ethics Section 3:Beings, human beings and persons Section 4:The Status of the Embryo and its Implications for Abortion Section 5: Respect for Persons: Autonomy, Consent and Confidentiality Section 6:Paternalism, Autonomy and Respect for Persons Section 7:HIV/AIDS: Ethics, Justice and Social Policy Section 8:Resource Allocation Section 9: Death: Definitions of Death Section 10: Euthanasia: Can killing be a caring thing to do? Course Unit Outline: Moral Philosophy II Section 1: Communicable disease and ethics Section 2: Competency and consent Section 3: Bioethics and the Faith Traditions Section 4: Organ Transplantation 8 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus Section 5: Access to fertility treatment Section 6: Are there lives not worth living? When is it morally wrong to reproduce? Section 7: Rights I Section 8: Rights II Section 9: Autonomy and Pregnancy Section 10: Is there a right to remain in ignorance? Assessment The assessment for both Moral Philosophy I and II will be by completion of an essay of no more than 5,000 words for each Course Unit. The essay topic will be provided by the tutor of these Course Units.  Reading Books It is suggested that you buy the following four books for this Course Unit. Much of the essential reading for this Course Unit is contained within these four books. th  Tom L. Beauchamp & James F. Childress, Principles of Biomedical Ethics [5 edition] (New York: Oxford University Press, 2001)  John Harris, The Value of Life (London: Routledge and Kegan Paul, 1985,1991)  John Harris (Ed.), Bioethics, (Oxford: Oxford University Press, 2001)  Raanan Gillon, Philosophical Medical Ethics (London: John Wiley & Sons on behalf of the British Medical Journal, 1986) You will also be directed to read sections from the two books it is recommended that you buy for the Medico-Legal Problems I Course Unit, namely:  Margaret Brazier, Medicine, Patients and the Law, [2nd Edition] (London: Penguin, 1992)  J.K. Mason and A. McCall Smith, Law and Medical Ethics, [5th Edition] (London, Butterworths: 1999)  Further Reading Most of the essential reading for these Course Units can be found in the three recommended books (see above), the study pack which accompanies these Course Units and through the e- journal service provided by the university library via the internet. You will be directed to the essential reading by the learning text. Suggestions for further reading will also be provided in the learning text. However to get the most out of the programme you are expected to do other reading outside of the essential reading provided. If you are unable to access a library with the resources you need Manchester University Library does provide a large number of e-journals via the internet and also provides a delivery service of other library materials. Suggestions for further reading for these Course Units can also be found on the John Rylands University Library website at: http://rylibweb.man.ac.uk/data2/readlist/cen_soci/index.html Medico-Legal Problems I & II Materials developed by Rebecca Bennett Original Course Unit developed by Margaret Brazier Course Unit Tutor: Margaret Brazier 9 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus Introduction This Course Unit constitutes an introduction to Medical Law. Aims The aims of this Course Unit are:  To offer you a sound understanding of the role of the law in regulating health care practice, in identifying and enforcing the rights of patients and in seeking to resolve ethical dilemmas in medicine.  To develop your ability to appreciate how fundamental principles of law are applied in a particularly complex social context and to introduce you to how the law deals with problems of health care ethics.  To provide an introduction to the principle tenets of health care law in the United Kingdom. These include autonomy and consent to treatment, the obligation of confidentiality, justice and access to health care and malpractice litigation. The study of these key topics should provide a foundation for subsequent Course Units considering how law approaches other ethical dilemmas of modern medicine such as the reproductive technologies, protection of the embryo, organ transplantation and death. Objectives At the end of this Course Unit you should Knowledge  Know the relevant case-law, statutory materials and their relationship to ethical debate  Be familiar with current literature and research in this controversial area Skills  Have enhanced your skills in analysing the role of law in areas of social concern and controversy  Have been exposed to a range of relevant literature and developed your own research skills  Have established the foundation to elect to undertake further independent study in greater depth Course Unit Outline: Medico-Legal Problems I Section 1: Law and Health Care Practice Section 2: Consent to treatment: Autonomy and Consent Section 3: Consent to treatment: Informed Consent Section 4: Refusal of treatment; competence to consent and treating mentally incapacitated patients Section 5: Confidentiality and Health Care Section 6: Confidentiality and Privacy Section 7: Medical Malpractice (I) Section 8: Medical Malpractice (II) Section 9: Access to Health Care (I) Section 10: Access to Health Care (II) Course Unit Outline: Medico-Legal Problems II Section 1: Parents, Children and the Law Section 2: Parental Responsibility and Infants Section 3: Neonates: a special case 10 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus Section 4: Adolescent autonomy Section 5: Mental disorder and minors Section 6: The legal status of the unborn child Section 7: Abortion and embryo research Section 8: Criminal Law and Medical Malpractice Section 9: Death, Dying and the Law (I) Section 10: Death, Dying and the Law (II) Assessment Medico-Legal Problems I You will be assessed in two ways: firstly, a 2,500 word essay AND secondly, a case-study to be written up at the end of the semester. The essay topic and information regarding the case study assessment will be provided by the tutor of this Course Unit. Medico-Legal Problems I The assessment for Medico-Legal Problems II will be by completion of an essay of no more than 4,000 words. The essay topic will be provided by the tutor of these Course Units.  Reading Books It is suggested that you buy the following two books for this Course Unit. Much of the essential reading for this Course Unit is contained within these two books.  Margaret Brazier, Medicine, Patients and the Law, [2nd Edition] (London: Penguin, 1992)  J.K. Mason and A. McCall Smith, Law and Medical Ethics, [5th Edition] (London, Butterworths: 1999) Law Reports This Course Unit places great emphasis on the primary sources, in particular the judgments of the courts. Hence, you will be expected to become familiar with the Law Reports. You can access most of the law reports referred to in this Course Section via the internet at: http://web.lexis-nexis.com/professional/ http://www.westlaw.co.uk References will also be supplied to the details of these cases in:  I. Kennedy & A. Grubb, Medical Law Text and Materials [3rd edition] (London: Butterworths 2000).  Further Reading Most of the essential reading for these Course Units can be found in the three recommended books (see above), the study pack which accompanies these Course Units and through the e- journal service provided by the university library via the internet. You will be directed to the 11 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus essential reading by the learning text. Suggestions for further reading will also be provided in the learning text. However to get the most out of the programme you are expected to do other reading outside of the essential reading provided. If you are unable to access a library with the resources you need Manchester University Library does provide a large number of e-journals via the internet and also provides a delivery service of other library materials. Medico-Legal Problems in Practice Materials developed by Rebecca Bennett Original course unit developed by Margaret Brazier and Charles A. Erin Course Unit Tutors: Rebecca Bennett and Margaret Brazier Introduction This Course Unit aims to allow you to apply what you have learned in the Medico-Legal Problems (and to a lesser extent Moral Philosophy) Course Unit to the real world. The Sections of this Course Unit are predominantly activity based, usually asking you to look at particular cases (both real and fictitious) and use, develop and test your knowledge of the law by answering questions arising from these cases. As such this Course Unit differs considerably from other Course Units, for example, Medico-Legal Problems, in that the overwhelming emphasis is on your input to the Section. It is therefore essential that you have completed the whole of the Medico-Legal Problems Course Unit (including any required reading) before attempting this Course Unit. Aims The aims of these course units are:  To allow you to use, develop and test your knowledge of medical law  To draw out the relevance of medico-legal theory to the kind of issues that health care professionals and medical lawyers may expect to encounter during their professional lives.  To develop skills necessary to resolve real medico-legal dilemmas. Objectives At the end of these course unit you should:  be able to identify which medico-legal theoretical approaches are most appropriate to the successful resolution of a particular real issue;  be able to apply with confidence the theory you will have mastered in the Medico-Legal Problems Course Unit to real life cases;  have developed an enhanced ability to resolve the kinds of legal issues you may expect to encounter in your working life. Course Unit Outline: Medico-Legal Problems in Practice Section 1: Litigation and Health Care Practice (1) Section 2: Litigation and Health Care Practice (2) Section 3: Autonomy and Consent Section 4: Informed Consent Section 5: Decision-making and Mentally Disabled Patients Section 6: Confidentiality and Health Care Section 7: Clinical Negligence Section 8: Challenging NHS Decision-Making Section 9: Death, Dying and the Law 12 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus Section 10: Developing Legal Skills Assessment Assessment will be by one essay of no more than 5,000 words. The essay topics may be chosen from the list included on page 10 of these Section notes.  Reading Books You will find it useful to refer back to the books you were required to buy for the Medico-Legal Problems Course Unit:  Margaret Brazier, Medicine, Patients and the Law, [2nd Edition] (London: Penguin, 1992)  J.K. Mason and A. McCall Smith, Law and Medical Ethics, [5th Edition] (London, Butterworths: 1999) Law Reports This Course Unit places great emphasis on the primary sources, in particular the judgments of the courts. Hence, you will be expected to become familiar with the Law Reports. You can access most of the law reports referred to in this Course Section via the internet at: http://web.lexis-nexis.com/professional/ http://www.westlaw.co.uk References will also be supplied to the details of these cases in:  I. Kennedy & A. Grubb, Medical Law Text and Materials [3rd edition] (London: Butterworths 2000). It is also highly recommended that you refer back to the relevant Sections of the Medico-Legal Problems Course Unit when completing this Course Unit.  Further Reading Most of the essential reading for these Course Units can be found in the three recommended books (see above), the study pack which accompanies these Course Units and through the e- journal service provided by the university library via the internet. You will be directed to the essential reading by the learning text. Suggestions for further reading will also be provided in the learning text. However to get the most out of the programme you are expected to do other reading outside of the essential reading provided. If you are unable to access a library with the resources you need Manchester University Library does provide a large number of e-journals via the internet and also provides a delivery service of other library materials. Suggestions for further reading for this Course Unit can also be found on the John Rylands University Library website at: http://rylibweb.man.ac.uk/data2/readlist/cen_soci/index.html Health Care Ethics in Practice Materials developed by Rebecca Bennett Original Course Unit developed by Charles A. Erin and Mary Lobjoit Course Unit Tutors: Rebecca Bennett and Charles A. Erin 13 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus Introduction This Course Unit aims to allow you to apply what you have learned in the Moral Philosophy I and II (and to a lesser extent Medico-Legal Problems I and II) Course Units to the real world. The Sections of this Course Unit are predominantly activity based, usually asking you to look at particular cases (both real and fictitious) and use, develop and test your knowledge of the law by answering questions arising from these cases. As such this Course Unit differs considerably from other Course Units, for example, Medico-Legal Problems I and II, in that the overwhelming emphasis is on your input to the Section. It is therefore essential that you have completed the whole of the Moral Philosophy I and II Course Units (including any required reading) before attempting this Course Unit. Aims The aims of these course units are:  To allow you to use, develop and test your knowledge of moral philosophy  To draw out the relevance of moral philosophical theory to the kind of issues that health care professionals may expect to encounter during their professional lives.  To develop skills necessary to resolve real moral dilemmas. Objectives At the end of these course unit you should:  be able to identify which moral philosophical theoretical approaches are most appropriate to the successful resolution of a particular real issue;  be able to apply with confidence the theory you will have mastered in the Moral Philosophy I and II Course Units to real life cases;  have developed an enhanced ability to resolve the kinds of moral issues you may expect to encounter in your working life. Course Unit Outline: Health Care Ethics in Practice Section 1: Organ Donation Section 2: Enforced Caesareans Section 3: Surrogacy Section 4: Communication between Health Carers and Patients Section 5: Re A: The Case of the Manchester Conjoined Twins Section 6: Competence and End of Life Decision-Making Section 7: Euthanasia in Practice: The Netherlands Section 8: Nursing Ethics Section 9: The Non-Treatment of Malformed Infants Section 10: Reproductive Technologies Assessment Assessment will be by one essay of no more than 4,000 words. The essay topics may be chosen from the list included on page 10 of these Section notes.  Reading Books You will find it useful to refer back to the books you were required to buy for the Moral Philosophy I and II Course Units: 14 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus th  Tom L. Beauchamp & James F. Childress, Principles of Biomedical Ethics [5 edition] (New York: Oxford University Press, 2001)  John Harris, The Value of Life (London: Routledge and Kegan Paul, 1985,1991)  John Harris (Ed.), Bioethics, (Oxford: Oxford University Press, 2001)  Raanan Gillon, Philosophical Medical Ethics (London: John Wiley & Sons on behalf of the British Medical Journal, 1986) It is also highly recommended that you refer back to relevant Sections of the Moral Philosophy I and II Course Units when completing this Course Unit.  Further Reading Most of the essential reading for these Course Units can be found in the three recommended books (see above), the study pack which accompanies these Course Units and through the e- journal service provided by the university library via the internet. You will be directed to the essential reading by the learning text. Suggestions for further reading will also be provided in the learning text. However to get the most out of the programme you are expected to do other reading outside of the essential reading provided. If you are unable to access a library with the resources you need Manchester University Library does provide a large number of e-journals via the internet and also provides a delivery service of other library materials. Suggestions for further reading for this Course Unit can also be found on the John Rylands University Library website at: http://rylibweb.man.ac.uk/data2/readlist/cen_soci/index.html Research Ethics Materials developed by Rebecca Bennett Course Unit Tutors: Rebecca Bennett, Søren Holm and Simon Woods Introduction This Course Unit provides a comprehensive understanding of modern research ethics with a focus on biomedical research ethics. It builds on the understanding of moral and legal argument developed in the previous Course Units Moral Philosophy I & II and Medico-Legal Problems I & II. Research ethics and its institutionalisation in research ethics committees and research governance frameworks is a practically important area of bioethics that impinges on the lives and activities on many researchers and research participants every day. It is also an area of great public controversy. Aims The aims of this Course Unit are:  To give students in-depth knowledge and understanding of the historical development of research ethics, the main international guidelines in this field, and the main arguments specific to research ethics  To enable the students to analyse research ethics problems independently Objectives At the end of this Course Unit you should: 15 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus  Have a good understanding of the history of research ethics.  Know the contents of the main international and national guidelines in this field.  Have developed an understanding of the main types of arguments used in the research ethics field, and the main areas of controversy.  Be familiar with the function and role of research ethics committees.  Have developed skills in analysing research ethics problems. Course Unit Outline: Research Ethics Section 1: History of research ethics. Section 2: Where are we now: International agreements, guidelines etc. Helsinki, CIOMS. Section 3: Non-health care research, social sciences, animals. Section 4: Ethical implications of research methods Section 5: Vulnerable groups; children, non-competent adults, 3rd world. Section 6: Re-using data/tissue etc. Section 7: Using unethical data – the Nazi experiments. Section 8: Research ethics committees. Section 9: Scientific honesty. Section 10: UK, EEC and other Law. Assessment Assessment will be by one essay of no more than 5,000 words. The essay topic can be chosen from a range of topics provided by the tutor of this Course Unit.  Reading Books It is suggested that you buy the following two books for this Course Unit. Much of the essential reading for this Course Unit is contained within these two books.  Doyal, L. (Ed.) Informed Consent (London: British Medical Journal, 2001)  Donald Evans & Martyn Evans, A Decent Proposal – Ethical Review of Clinical Research (Chichester: John Wiley & Sons, 1996) You will also find it useful to refer back to the books you were required to buy for the Medico- Legal Problems I and II Course Units:  Margaret Brazier, Medicine, Patients and the Law, [2nd Edition] (London: Penguin, 1992)  J.K. Mason and A. McCall Smith, Law and Medical Ethics, [5th Edition] (London, Butterworths: 1999)  Further Reading Most of the essential reading for these Course Units can be found in the three recommended books (see above), the study pack which accompanies these Course Units and through the e- journal service provided by the university library via the internet. You will be directed to the essential reading by the learning text. Suggestions for further reading will also be provided in the learning text. However to get the most out of the programme you are expected to do other reading outside of the essential reading provided. If you are unable to access a library with the resources you need Manchester University Library does provide a large number of e-journals via the internet and also provides a delivery service of other library materials. Ethics and Genetics 16 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus Materials developed by Rebecca Bennett Course Unit Tutors: Rebecca Bennett and John Harris Introduction This Course Unit constitutes a rigorous introduction to the ethical and social policy issues that arise in connection with genetics broadly conceived. The importance of Ethics does not lie in its ability to provide simple answers in advance to the difficult problems that the understanding of genetics and of advances in genetic science pose for individuals and society. It lies, rather, in its ability  to widen awareness of the issues involved and sensitivity to them;  to clarify one’s thinking about these issues;  to work out the full consequences of possible moral positions, to see if they are acceptable; and  to develop skill in testing whether arguments really prove what they claim to prove, and in distinguishing proof from rhetoric. Although, of course, in doing this it will inevitably indicate better or worse, more or less fruitful approaches, and even come to some conclusions.] Aims The aims of this Course Unit are:  To provide students with a set of conceptual tools.  To demonstrate how these tools may can be applied to a range of issues in genetics and in the application of genetic science to society. Objectives At the end of this Course Unit you should:  have a good understanding of relevance of ethics to decision making in the context of genetics and the applications of genetic science.  have developed your appreciation and understanding of the ethical issue raised by genetics and it’s use when applied in the context of medical decision making and in the social policy dimensions of the applications of genetics.  be acquainted with philosophical arguments in the context of ‘practical’ dilemmas as they arise in the context of medical genetics and the applications of genetic science in society more generally.  have developed your skills in understanding and presenting clear arguments. Course Unit Outline: Ethics and Genetics Section 1: Genetic information Section 2: Consent to acquisition and use of information Section 3: Insurance and employment/The Human Tissue archive Section 4: Genetic Manipulation 17 © University of Manchester, 2001
  • M.A./Postgraduate Diploma in Health Care Ethics & Law by Distributed Learning Prospectus Section 5: Stem cell research and therapy Section 6: Tissue Banking Section 7: Species survival, species revival Section 8: Research on Animals Section 9: Genetically Modified Organisms Section 10: Global Justice Assessment Assessment will be by one essay of no more than 5,000 words. The essay topic can be chosen from a range of topics provided by the tutor of this Course Unit.  Reading Books It is suggested that you buy the following two books for this Course Unit. Much of the essential reading for this Course Unit is contained within these two books.  Justine C. Burley and John Harris (Eds.) A Companion To Genethics: philosophy and the genetic revolution (Oxford: Basil Blackwell, 2001).  John Harris. Clones Genes and Immortality (Oxford: Oxford University Press, 1998)  Further Reading Most of the essential reading for these Course Units can be found in the three recommended books (see above), the study pack which accompanies these Course Units and through the e- journal service provided by the university library via the internet. You will be directed to the essential reading by the learning text. Suggestions for further reading will also be provided in the learning text. However to get the most out of the programme you are expected to do other reading outside of the essential reading provided. If you are unable to access a library with the resources you need Manchester University Library does provide a large number of e-journals via the internet and also provides a delivery service of other library materials. Further Information For further information regarding the MA or Postgraduate Diploma in Health Care Ethics and Law contact: Rebecca Bennett Tel: 0161 275 2489/ Fax: 0161 2757704/ Lecturer in Bioethics Email: Rebecca.Bennett@man.ac.uk The Centre for Social Ethics and Law School of Law Details and a sample Learning Text Section are also University of Manchester available online at: Williamson Building Oxford Road http://les.man.ac.uk/law/dl.htm Manchester M13 9PL United Kingdom 18 © University of Manchester, 2001