You will also look at the provisions of civil detention under the Mental Health Act Critically appreciate the ethical and legal issues at the beginning and ending of life as they arise in the medical context. You will explore assisted reproduction and related technologies and issues related to abortion and the broader control of pregnancy. In terms of ending of life the focus is principally on contexts in which life has been purposefully foreshortened and those in which life maintaining medical intervention has been withdrawn or withheld.
Critically examine the phenomenon of medical use of the human body and the key ethical and legal issues raised by it. You will explore the implications of philosophical theories, ethical principles and legal norms in areas such as transplantation, medical research and bio-banking. Understand the obligation of employers to care for the health of their employees, particularly in the context of employees in a health care setting.
You will assess the effectiveness of the English common law, UK legislation and European Union provisions governing health and safety in the workplace. Examine the key areas of law relating to the practice of medicine and other health care specialisms in the UK, taking into account EU legislation. The dissertation is an extended piece of academic work, independently researched and written. You will be supported in your work by one-to-one supervision from a tutor expert in the chosen field. Subject to academic suitability and the availability of an appropriately expert tutor, you may select your own area of study for the dissertation phase of the course.
View the full course specification Please note that course specifications may be subject to change. The academic year for the LLM courses is split into three parts: two ten-week terms Term One runs from the beginning of the academic year until the Christmas vacation, Term Two between Christmas and Easter and the summer period. Full-time students — who complete the course over one academic year — study three modules in each term and complete the dissertation over the summer.
Part-time students — who complete the course over two academic years — study three modules across Terms One and Two in each year six in total , beginning work on researching their dissertation during the first summer period and completing it during the second. On the full-time and part-time modes modules are taught throughout the week.
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Depending on your timetable you may be expected to attend on more than one day. Modules may exceptionally be rescheduled due to course needs. Seminars are led by academics but will usually require you to carry out extensive guided preparatory work and will often involve short presentations or other contributions.
In each case modules are assessed through one piece of course work. This usually takes the form of a problem- or essay-style question, but will vary by module. You can submit and receive feedback on assessments over the course of each module. Your dissertation will be assessed through a research based written assignment of 12, words. The topic that you choose for your dissertation should be relevant to the course specialism and the chosen title will be subject to approval by the Course Leader.
Additionally, you will complete a reflective report consisting of pre-set questions, each with a maximum word count attributed to it; approximately words, i. Your reflective report will be assessed by way of competence or non-competence. Our courses are taught by academics with significant subject expertise. The courses also have a strong research base. Our academic staff actively research and publish, and many are recognised as being among the leading experts in their fields.
We have a number of internationally recognised experts in a wide range of legal areas. To find out more visit our research page. Your future career Career development is an integral part of the programme and our careers team run a series of workshops where you can identify methods and strategies to enable you to pursue your career goals. Due to the School's excellent reputation within the legal profession, our graduates are highly sought-after and recognised for the depth and relevance of their knowledge.
Nottingham Law School offers a suite of practice-based practitioner programmes specifically designed to meet the personal development needs of legal practitioners. These courses are highly flexible and can be delivered throughout the year both nationally and internationally. While this course does not currently offer placements we do encourage our students to pursue placement opportunities. Find out about the opportunities available through our pro bono and University volunteering schemes.
Alongside your study you also have the opportunity to learn a new language. The University Language Programme ULP is available to all students and gives you the option of learning a totally new language or improving the skills you already have. We specify these minimum entry requirements, but we will assess you individually on your ability to benefit from the course. We sometimes offer places on the basis of non-standard entry qualifications, and industrial or professional experience.
We accept qualifications from schools, colleges and universities all over the world for entry onto our UG and PG degrees. If English is not your first language you need to show us that your language skills are strong enough for intensive academic study. For this course, we usually require one of the following:. Economic damages refer to medical expenses, lost wages and other easily quantifiable costs. Noneconomic damages are damages awarded for pain and suffering.
In fact, the Florida Supreme Court recently ruled that caps on noneconomic damages in medical malpractice cases are unconstitutional, overturning a law that enacted such caps. Punitive damages are meant to punish wrongdoing, which are only awarded if the patient can prove that the health care provider intended to cause harm. A woman who lives in Lake County recently filed a medical malpractice lawsuit against two doctors who allegedly failed to timely diagnose her pancreatic cancer. She claims that both past and future medical treatments could have been avoided had they diagnosed her sooner.
She also claims that because of their error, she has a decreased chance of survival and a shorter life expectancy. A Florida appeals court recently ordered a South Florida doctor to stop performing plastic surgery after one of his patients died during a liposuction and fat transfer procedure.
If you have been injured because of a misdiagnosis, surgical error, or other medical mistake, then contact an experienced personal injury. If you or a loved one has been the victim of medical malpractice, you might be entitled to damages. We will help you determine whether you have a legitimate medical malpractice claim and ensure that you receive the compensation you deserve. Joel is an excellent attorney and Carolyn is an amazing paralegal, After been ditched from another law firm, Pendas took care of me and they won my case.
It shows that they really care and want everything taken care of correctly, Thank You! They are very kind, professional, and hard-working! They always kept me informed. However, persons or organizations are not considered business associates if their functions or services do not involve the use or disclosure of protected health information, and where any access to protected health information by such persons would be incidental, if at all.
A covered entity can be the business associate of another covered entity. Business Associate Contract. When a covered entity uses a contractor or other non-workforce member to perform "business associate" services or activities, the Rule requires that the covered entity include certain protections for the information in a business associate agreement in certain circumstances governmental entities may use alternative means to achieve the same protections.
In the business associate contract, a covered entity must impose specified written safeguards on the individually identifiable health information used or disclosed by its business associates. Covered entities that had an existing written contract or agreement with business associates prior to October 15, , which was not renewed or modified prior to April 14, , were permitted to continue to operate under that contract until they renewed the contract or April 14, , whichever was first.
Protected Health Information. The Privacy Rule protects all "individually identifiable health information" held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper, or oral. The Privacy Rule excludes from protected health information employment records that a covered entity maintains in its capacity as an employer and education and certain other records subject to, or defined in, the Family Educational Rights and Privacy Act, 20 U.
De-Identified Health Information. There are no restrictions on the use or disclosure of de-identified health information. Basic Principle. Required Disclosures. A covered entity must disclose protected health information in only two situations: a to individuals or their personal representatives specifically when they request access to, or an accounting of disclosures of, their protected health information; and b to HHS when it is undertaking a compliance investigation or review or enforcement action.
A covered entity may disclose protected health information to the individual who is the subject of the information. A covered entity may use and disclose protected health information for its own treatment, payment, and health care operations activities. Treatment is the provision, coordination, or management of health care and related services for an individual by one or more health care providers, including consultation between providers regarding a patient and referral of a patient by one provider to another.
Payment encompasses activities of a health plan to obtain premiums, determine or fulfill responsibilities for coverage and provision of benefits, and furnish or obtain reimbursement for health care delivered to an individual 21 and activities of a health care provider to obtain payment or be reimbursed for the provision of health care to an individual. Health care operations are any of the following activities: a quality assessment and improvement activities, including case management and care coordination; b competency assurance activities, including provider or health plan performance evaluation, credentialing, and accreditation; c conducting or arranging for medical reviews, audits, or legal services, including fraud and abuse detection and compliance programs; d specified insurance functions, such as underwriting, risk rating, and reinsuring risk; e business planning, development, management, and administration; and f business management and general administrative activities of the entity, including but not limited to: de-identifying protected health information, creating a limited data set, and certain fundraising for the benefit of the covered entity.
Most uses and disclosures of psychotherapy notes for treatment, payment, and health care operations purposes require an authorization as described below. Informal permission may be obtained by asking the individual outright, or by circumstances that clearly give the individual the opportunity to agree, acquiesce, or object. Where the individual is incapacitated, in an emergency situation, or not available, covered entities generally may make such uses and disclosures, if in the exercise of their professional judgment, the use or disclosure is determined to be in the best interests of the individual.
Facility Directories. It is a common practice in many health care facilities, such as hospitals, to maintain a directory of patient contact information.
Box 1: Examples of statutes and regulations relevant to healthcare
Members of the clergy are not required to ask for the individual by name when inquiring about patient religious affiliation. For Notification and Other Purposes. In addition, protected health information may be disclosed for notification purposes to public or private entities authorized by law or charter to assist in disaster relief efforts. The Privacy Rule does not require that every risk of an incidental use or disclosure of protected health information be eliminated.
Specific conditions or limitations apply to each public interest purpose, striking the balance between the individual privacy interest and the public interest need for this information. Required by Law. Covered entities may use and disclose protected health information without individual authorization as required by law including by statute, regulation, or court orders. Public Health Activities. Victims of Abuse, Neglect or Domestic Violence. In certain circumstances, covered entities may disclose protected health information to appropriate government authorities regarding victims of abuse, neglect, or domestic violence.
Health Oversight Activities. Covered entities may disclose protected health information to health oversight agencies as defined in the Rule for purposes of legally authorized health oversight activities, such as audits and investigations necessary for oversight of the health care system and government benefit programs.
Judicial and Administrative Proceedings.
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Covered entities may disclose protected health information in a judicial or administrative proceeding if the request for the information is through an order from a court or administrative tribunal. Such information may also be disclosed in response to a subpoena or other lawful process if certain assurances regarding notice to the individual or a protective order are provided. Law Enforcement Purposes. Covered entities may disclose protected health information to funeral directors as needed, and to coroners or medical examiners to identify a deceased person, determine the cause of death, and perform other functions authorized by law.
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Cadaveric Organ, Eye, or Tissue Donation. Covered entities may use or disclose protected health information to facilitate the donation and transplantation of cadaveric organs, eyes, and tissue. Serious Threat to Health or Safety. Covered entities may disclose protected health information that they believe is necessary to prevent or lessen a serious and imminent threat to a person or the public, when such disclosure is made to someone they believe can prevent or lessen the threat including the target of the threat.
Covered entities may also disclose to law enforcement if the information is needed to identify or apprehend an escapee or violent criminal. Essential Government Functions. An authorization is not required to use or disclose protected health information for certain essential government functions. Such functions include: assuring proper execution of a military mission, conducting intelligence and national security activities that are authorized by law, providing protective services to the President, making medical suitability determinations for U.
State Department employees, protecting the health and safety of inmates or employees in a correctional institution, and determining eligibility for or conducting enrollment in certain government benefit programs. A limited data set is protected health information from which certain specified direct identifiers of individuals and their relatives, household members, and employers have been removed. An authorization must be written in specific terms. It may allow use and disclosure of protected health information by the covered entity seeking the authorization, or by a third party.
All authorizations must be in plain language, and contain specific information regarding the information to be disclosed or used, the person s disclosing and receiving the information, expiration, right to revoke in writing, and other data. The Privacy Rule contains transition provisions applicable to authorizations and other express legal permissions obtained prior to April 14, Psychotherapy Notes Marketing is any communication about a product or service that encourages recipients to purchase or use the product or service.
Health Law and Ethics
Marketing also is an arrangement between a covered entity and any other entity whereby the covered entity discloses protected health information, in exchange for direct or indirect remuneration, for the other entity to communicate about its own products or services encouraging the use or purchase of those products or services.
No authorization is needed, however, to make a communication that falls within one of the exceptions to the marketing definition. Minimum Necessary. A covered entity must make reasonable efforts to use, disclose, and request only the minimum amount of protected health information needed to accomplish the intended purpose of the use, disclosure, or request.
When the minimum necessary standard applies to a use or disclosure, a covered entity may not use, disclose, or request the entire medical record for a particular purpose, unless it can specifically justify the whole record as the amount reasonably needed for the purpose.
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Access and Uses. For internal uses, a covered entity must develop and implement policies and procedures that restrict access and uses of protected health information based on the specific roles of the members of their workforce. These policies and procedures must identify the persons, or classes of persons, in the workforce who need access to protected health information to carry out their duties, the categories of protected health information to which access is needed, and any conditions under which they need the information to do their jobs.
Disclosures and Requests for Disclosures. Covered entities must establish and implement policies and procedures which may be standard protocols for routine, recurring disclosures, or requests for disclosures , that limits the protected health information disclosed to that which is the minimum amount reasonably necessary to achieve the purpose of the disclosure. Individual review of each disclosure is not required. For non-routine, non-recurring disclosures, or requests for disclosures that it makes, covered entities must develop criteria designed to limit disclosures to the information reasonably necessary to accomplish the purpose of the disclosure and review each of these requests individually in accordance with the established criteria.