Health Law and Bioethics (LAW267H1F)

The course explores, particularly through a detailed discussion of some contemporary topics, the various ways in which law, regulation, and other governance mechanisms interact with and contribute to the organization of health care and medical practice and the enforcement of health related rights. A recurrent theme is how law and regulation address, diminish, or on the contrary contribute to vulnerability in the context of health care. The course will introduce students to some of the core concepts of health law and bioethics (e.g. informed consent, capacity, medical negligence, confidentiality, health information privacy) and provide an understanding of the role of law and other governance mechanisms in dealing with a selection of contemporary ethical and policy issues. Topics may include: the regulation of assisted human reproduction; biotechnological innovation; abortion; human subjects research; euthanasia/assisted-suicide/assisted dying and other end-of-life issues; organ transplantation; treatment of human remains; the regulation of the medical profession; and other contemporary issues.

As a substantial part of the evaluation, students will work in small groups of 4 to 5 students on a contemporary topic of controversy, write up a short joint report (5,000 – 7,000 words), and present the results of their work during the term to the class. Topics will be selected with the help of the instructor. Students will generally present opposing views in their presentation, although the group work can also consist of a detailed exploration of the issues at stake. Potential topics for discussion include: payment for surrogacy or gamete donation; medical assistance in dying; presumed consent in organ donation; organ donation following medical assistance in dying; regulation of genome editing; liability for wrongful life; artificial intelligence in health care; over-prescription of medication; the regulation of Indigenous health care providers; and more specific contemporary controversies that students can investigate and present on.