Health Law and Policy Discussion Assignment Paper

Posted: November 26th, 2022

Health Law and Policy Discussion Assignment Paper

Health Law and Policy Semester 1, 2016 Assignment Two guidance General Points       This question asks you to choose between three HDC cases. All relate to informed consent. Respond to the learning outcomes (LO) based on the case you select. Please make sure that you address the LOs. Guidance is given in the Paper Booklet, particularly the grading schedule. The first task is to demonstrate that you understand how the HDC operates. o One effective method is to review the relevant lecture powerpoints. Inquire whether and how the Acts that have been discussed in class are relevant. (Cite the original sources, not the powerpoints). Additional law that has not been mentioned in the HDC opinion may be relevant (e.g. the Health Practitioners Competence Assurance Act 2003 for registered health professionals, the criminal law). o You will consider both legislation and case law. If you are unfamiliar with the legal system, you should read the first three chapters in Keenan and the first two lectures. o “Case law” is judge-made law from Courts and Tribunals (eg, the Health Practitioners Disciplinary Tribunal)Health Law and Policy Discussion Assignment Paper.

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For this assessment, additional HDC opinions may be cited to aid your analysis. o Godbold’s article on midwives and consent is a good example of critique. Also, it indicates a good structure and writing style. Keenan is the core book, readings are on AUTonline and additional resources are listed on several powerpoints. Professor Skegg’s article (Fortunate Experiment) is highly recommended (on AUT online). Responses to all LOs should be clearly linked with the case you chose. There is no need to summarise the case. Indicate in the first sentence the case you selected and your future occupation. (Standard pathway students select a health occupation for this assessment e.g. nursing). LO1: Demonstrate understanding of legal institutions and process in healthcare  For LO 1,”institutions ” mean organisations or Commissions, such as the Office of the Health and Disability Commissioner or the Health Practitioners Disciplinary Tribunal or the Human Rights Review Tribunal. Demonstrate that you understand how the relevant institutions operate, based on the selected case. Note that institutions other than the HDC may be relevant.  Which institutions enforce patients’ rights? How are registered practitioners, and non-registered providers, regulated regarding the conduct in the case? Health Law and Policy Discussion Assignment Paper

Consider the HPDT and the HRRT.  See the process of the review bodies in the Burgess flowchart on AUT Online.  See Keenan, the powerpoints and readings. LO2: Analyse role of civil and criminal law on health care policy and practice   Consider whether the HDC case has potential criminal dimensions. Demonstrate that you know the differences between civil and criminal law. Examples include the purpose of the criminal law in contrast with civil law.  Identify the differences in standard and burden of proof for civil and criminal cases. Demonstrate that you understand whether the HDC complaint process is a criminal or civil process. LO3: Critique of cases or legislation relating to consumers’ rights      For LO3, demonstrate your ability to engage in critical thinking. How could the law be improved? Examples of critical thinking are in the readings and can be cited eg Skegg, Godbold, Diesfeld (see AUTonline readings). Your recommendations could refer to better legal processes (can people access the law?), law (does the law provide adequate protection?) or remedies (are the remedies adequate?). Please be specific. You can integrate your own thoughts on potential improvements. For example: o You could comment on how the law could be improved for people who face the circumstances of the person in the case. Is the current system adequate? o Are there shortcomings in our ACC/HDC system? You are not critiquing the conduct of the health practitioners —that is not a critique of the law. Instead, draw upon research to consider how the law or legal system could be improved. You can critique from the perspective of a group of people (e.g. disabled people). LO4: Examine the implications of case law and legislation for current or future health care practice based on research    For LO4, demonstrate that you are able to apply the law that you studied to future practice Health Law and Policy Discussion Assignment Paper.

Refer to existing research to support your application. Please note that the case you selected might not directly relate to your occupation. Nevertheless, apply the principles to your occupation. For example: o An oral health student might demonstrate that the law provides guidance on an issue that s/he will face such as the provision of innovative treatment. Demonstrate how the Code and case will guide you. Be specific. Explain the research that aided your application of the law. o Additional cases can be examined to aid the application to your occupation. Again, standard pathway students select a health occupation for this assessment e.g. nursing. LO5: Present work at the appropriate academic standard    Please use APA referencing. The very helpful summary table on the AUT library website is: http://library.aut.ac.nz/?a=275411 It is advisable to use the LO headings 1 through 4 to structure your assessment. Please do not write in the first person. For example for LO 3, state how the law could be improved from an objective view. For LO4, state how the law is relevant to an occupation (e.g. nursing). Best of luck and we welcome your fine assessments. Health Law and Policy Assignment 2 Name: ID: Date: LO1: Demonstrate understanding of legal institutions and process in healthcare The case chosen for this assessment will be the 11HDC00957, with the student’s future occupation as psychologist. There are a number of civil institutions that may become involved when there is a potential breach of the Code in relation to informed concent. Such institutions include the Office of the Health and Disability Commissioner (HDC), the Health Practitioners Disciplinary Tribunal (HPDT) and the Human Rights Review Tribunal (HRRT). !!! consider HPCAA and PCC !!! In the case of 11HDC00957… LO2: Analyse role of civil and criminal law on health care policy and practice LO3: Critique of cases or legislation relating to consumers’ rights LO4: Examine the implications of case law and legislation for current or future health care practice based on research Health Law and Policy Discussion Assignment Paper Purchase to get full answer