Program Overview

Course Profile

General Course Information

1.1 Course Details

• Course code: LLAW3297
• Course name: Medical Malpractice
• Programme offered under: LLB Programme
• Semester: First
• Designated research course: Not applicable
• Specialization: Not applicable
• Prerequisites / Co-requisites: No
• Course offered to non-law students: No
• Credit point value: 6 credits

This course is cross-listed to LLM elective. Senior year LLB students (i.e., LLB 3-4 and Double Degree 4-5) are allowed to take certain LLM courses as their law electives but subject to meet certain requirements.

1.2 Course Description

The course examines the law of medical malpractice, focusing on the tort of negligence and its application to the medical context. It covers specialized areas of clinical negligence, such as informed consent, harm resulting from negligence before birth, and institutional liability for medical accidents. Alternatives to negligence, including no-fault systems, criminal law, and the use of apologies, are also analyzed. The course aims to provide a detailed understanding of the law of medical malpractice in Hong Kong SAR, enabling students to critically analyze this area of law and the practical, ethical, and policy issues it raises.

1.3 Course Teachers

• Course convenor: Craig Purshouse

Learning Outcomes

2.1 Course Learning Outcomes (CLOs)

• CLO 1: Students will understand the common law principles and doctrines governing medical malpractice claims.
• CLO 2: Students will critically examine the legal, policy, and ethical issues surrounding malpractice claims and alternatives to clinical negligence.
• CLO 3: Students will build legal and academic writing ability through class reflection assignments and acquire skills for conducting independent academic research.

2.2 LLB Programme Learning Outcomes (PLOs)

• PLO A
• PLO B
• PLO C
• PLO D
• PLO E
• PLO F

Assessment

3.1 Assessment Summary

• Assessment task: Class preparation and participation (20%), Mid-term coursework (20%), Coursework (60%)
• Feedback method: General course report, individual feedback, individual review meeting, group review meeting, in-class verbal feedback
• Course learning outcomes: CLO 1, CLO 2, CLO 3

3.2 Assessment Detail

To be advised by course convenor(s).

3.3 Grading Criteria

To be advised by course convenor(s).

Learning Activities

4.1 Learning Activity Plan

• Seminar: 3 hours/week for 12 teaching weeks
• Private study time: 9.5 hours/week for 12 teaching weeks

The normative student study load per credit unit is 25 ± 5 hours (i.e., 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of the classroom, and any assessment task and examinations and associated preparations.

4.2 Details of Learning Activities

To be advised by course convenor(s).

Learning Resources

5.1 Resources

• Reading materials: Posted on Moodle
• Core reading list: To be advised
• Recommended reading list: To be advised