2024
Health and Medicine Law
Name: Health and Medicine Law
Code: CMS14392L
3 ECTS
Duration: 15 weeks/78 hours
Scientific Area:
Legal-Political Theory and International Relations
Teaching languages: Portuguese
Languages of tutoring support: Portuguese
Presentation
The professional practice of medicine respects the 'leges artis'. These are legally framed. Ignorance of the rules or their misinterpretation does not exempt the professional from liability for damage caused by his/her unlawful performance. On the other hand, it is ethically holistic.
Sustainable Development Goals
Learning Goals
Students must Learn
1º the universal sphere of Health Law
2º the relationships established between health professionals and patients (Medicine law).
To know the normative legal concepts above the practice of Medicine.
-Assessing the legal aspects that integrate leges artis.
-To qualify de facto cadres, establish hierarchies and critically interpret the Law, aiming adopted procedures.
-To understand the legal relationship of healthcare provision and identify the rights and duties of healthcare professionals and patients.
-Assess the classic themes (informed consent|refusal; registration, clinical process; confidentiality, data protection, etc.) either in procedures or in medical matters (research, transplantation, medically assisted procreation, Advanced Directives, etc.)
-Identifying the concepts of accountability and preventing potential adverse events and slippery plans for errors in healthcare delivery.
Promote a relationship of trust (alliance between professionals and patient).
1º the universal sphere of Health Law
2º the relationships established between health professionals and patients (Medicine law).
To know the normative legal concepts above the practice of Medicine.
-Assessing the legal aspects that integrate leges artis.
-To qualify de facto cadres, establish hierarchies and critically interpret the Law, aiming adopted procedures.
-To understand the legal relationship of healthcare provision and identify the rights and duties of healthcare professionals and patients.
-Assess the classic themes (informed consent|refusal; registration, clinical process; confidentiality, data protection, etc.) either in procedures or in medical matters (research, transplantation, medically assisted procreation, Advanced Directives, etc.)
-Identifying the concepts of accountability and preventing potential adverse events and slippery plans for errors in healthcare delivery.
Promote a relationship of trust (alliance between professionals and patient).
Contents
1. Social and Legal order.
2. Disciplinary framework: Health Rights and Medicine Law. Specialties and challenges.
3. Right to health (From the Bio Constitution and international legislation until contracts)
3.1 Systems and Principles. The Portuguese Legal System
4. Law of Medicine: Human Fundamental rights: from prenatal human life to the end of life (Human Dignity: freedom and physical-psychic integrity: the relevance of will (autonomy). Principles and Law (hierarchy).Trust and Responsibilities.
4.1. The concrete legal relationship (actors, benefits, facts and guardianships)
4.2 Health professionals & patients. Corporate structures: rights and duties.
5. Separate topics: The problems of the legislative topic (the various specialties)
5.1 Information and clarification (therapeutic and for autonomy).
5.2 Enlightened Consent and Refusal
5.3 Secrecy, documentation, data, records.
5.4 Responsibilities (criminal, civil, disciplinary, ethical )
6. The future:Trans-Humanism and Post-Humanism
2. Disciplinary framework: Health Rights and Medicine Law. Specialties and challenges.
3. Right to health (From the Bio Constitution and international legislation until contracts)
3.1 Systems and Principles. The Portuguese Legal System
4. Law of Medicine: Human Fundamental rights: from prenatal human life to the end of life (Human Dignity: freedom and physical-psychic integrity: the relevance of will (autonomy). Principles and Law (hierarchy).Trust and Responsibilities.
4.1. The concrete legal relationship (actors, benefits, facts and guardianships)
4.2 Health professionals & patients. Corporate structures: rights and duties.
5. Separate topics: The problems of the legislative topic (the various specialties)
5.1 Information and clarification (therapeutic and for autonomy).
5.2 Enlightened Consent and Refusal
5.3 Secrecy, documentation, data, records.
5.4 Responsibilities (criminal, civil, disciplinary, ethical )
6. The future:Trans-Humanism and Post-Humanism
Teaching Methods
The classes will focus on practical components, using the analysis of cases experienced in processes (administrative and judicial).
The debate will be privileged, consolidating the preparation provided by the materials and supporting texts, since the beginning of the classes.
Classes will have audio visual components and desirable 'b-learning' components.
The continuous assessment method emphasizes the individual tutorial support, as it consists in the elaboration of a text in 3 phases: 1st | selection of the theme, after a well-founded and approved bibliographic and legislative investigation: 2nd: | elaboration and discussion of the ' draft'; 3rd | isolated elaboration of the work. The first 2 phases take place during the period, under supervision (zoom or mail).
The final assessment (alternative or resource) is an oral exam (selected topic and/or program content).
Each of the 3 phases of continuous assessment will tend to deserve 1/3 of the final average.
The debate will be privileged, consolidating the preparation provided by the materials and supporting texts, since the beginning of the classes.
Classes will have audio visual components and desirable 'b-learning' components.
The continuous assessment method emphasizes the individual tutorial support, as it consists in the elaboration of a text in 3 phases: 1st | selection of the theme, after a well-founded and approved bibliographic and legislative investigation: 2nd: | elaboration and discussion of the ' draft'; 3rd | isolated elaboration of the work. The first 2 phases take place during the period, under supervision (zoom or mail).
The final assessment (alternative or resource) is an oral exam (selected topic and/or program content).
Each of the 3 phases of continuous assessment will tend to deserve 1/3 of the final average.
