Child Medical Law

Learning Outcomes

Subject Specific Intellectual and Research Skills

Having successfully completed this module you will be able to:

• conduct an independent research project;
• communicate orally and in writing a well-developed understanding of child medical law and relevant bioethical and sociology discourse and its application to the solution of legal and ethical dilemmas;
• engage in debate and critical thinking about the unique legal and ethical issues associated with child medical law and be able to discuss sensitive ethical and legal dilemmas in a constructive and coherent manner;
• analyze and assess legal materials by way of statutory interpretation, case analysis and review of secondary materials to identify, comprehend and evaluate fundamental legal principles and their impact upon contemporary issues;
• to develop well-reasoned academic arguments in a coherent, logical and sophisticated manner supported by authority and theoretical frameworks;
• the formulation of effective and comprehensive argument with clear and accurate use of language and legal terminology, demonstrating an appreciation of academic integrity.
• identify and locate often complex primary and secondary legal sources relevant to child medical law;

Knowledge and Understanding

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

• the legal standards and frameworks that regulate and guide the response to these dilemmas in practice;
• the theories of bioethics and the sociology theories of childhood;
• the wider societal, historical, and legal context of child medical law.
• children's medical law;

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• formulate an effective, reasoned and structured argument;
• analyse, interpret and evaluate legal and academic sources and complex dilemmas;
• design and conduct an independent research project;
• to work in groups and sensitively deal with controversial issues that arise in children's medical law.
• present complex ideas and argumentation in the form of a presentation and in writing. Demonstrate advanced written and oral presentation skills;
• manage one's time effectively;

From children’s consent to medical treatment to the more limited power to refuse. Assisted dying to saviour siblings.

Resolving conflicts between parents and healthcare professionals caring for very unwell children to shared decision making. This module conducts an in-depth and often critical examination of child medical law.

This module will implement a psychology research methodology, IPA, as a teaching pedagogy exploring the phenomena of children in the medical context through the lived experiences of those impacted by it. Through a combination of lived experiences of patients, children and healthcare professionals, case law, legislation, academic and non-academic literature, this module will provide a fresh, unique, and exciting analysis of child medical law.

Seminar one will introduce Bioethics and Children’s Medical Law. You will be introduced to children's medical law and the theoretical foundations underpinning the discipline.

Seminars two will explore the law regulating children under 16-year-olds with capacity, the powers to consent to and refuse medical treatment for under 16-year-olds with capacity and critically analyse the complex legal and ethical issues that arise.

Seminar three will explore children with aged 16 and 17 years old with capacity. You will be introduced to the law regulating the powers to consent to and refuse medical treatment for 16-and 17-year-olds and critically analyse the complex ethical and legal issues that arise.

Seminar four will analyse the law regulating decision-making for children without capacity. We will discuss how complex medical decisions are made for children who do not have the capacity to consent to or refuse medical treatment.

Seminar five will critically examine children’s participation theory. We will ask whether a legal right to participate does and should exist, compare English law to recent developments in Scottish law and consider the impact of the United Nations Convention for the Rights of the Child.

Seminar six examine childhood vaccinations. We will discuss how the law resolves disputes between (i) parents and (ii) parents and children. In light of the ongoing Covid-19 pandemic, we will conduct a moot on a fictional case where one parents does not wish for their child to be vaccinate but the other parent and child does wish to be vaccinated.

Seminar seven focuses on living and deceased organ donation. This week we will critically discuss the legal regulation of children's living and deceased organ donation and explore the legal and ethical issues that arise in cases where a child is a living donor for a parent or sibling and the case of saviour siblings and the use of assistive reproductive technologies to prevent a child being born with a specific genetic condition and/or to create a saviour sibling.

Seminar eight considers childhood death from a sociology and legal perspective. We will explore the withdrawal of life-saving and life-sustaining medical treatment for children (with and without capacity) and explore to what extent parents should have authority over when to withdraw life-sustaining treatment for their child. We will also consider whether English law should introduce assisted suicide and/or euthanasia for children.

Seminar nine we will discuss the video of made from the lived experiences of past paediatric patients and their parents. They will share with us their experiences of participating in their healthcare and how complex and everyday decisions were made.

Seminar ten will explore Data Trusts and their potential application to children's medical research to protect children's data rights when they are participants in medical research.

Each seminar will be two hours in length,

Seminars 10 of 2 hours each (20 hours total). One seminar a week.

One-One Supervision of independent research.

Independent research.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Research proposal

• Assessment Type: Formative
• Feedback: Written feedback will be provided. You may use this feedback to improve your independent research project.
• Final Assessment: No
• Group Work: No

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.