Diploma in Healthcare Law

Programme objectives

On completion of this training programme, participants will have:

• A comprehensive understanding of medical negligence claims. The areas examined include the practice and procedure, sample pleadings, and case management attendant to such claims;
• An in-depth knowledge of the practical issues that arise when advising both private hospitals and consultants and separately the distinct issues that arise in respect of public hospitals and the State Claims Agency;
• Knowledge of the pragmatic considerations incumbent upon parties to litigation in their preparation for trial including assessing prospects of success, preparing proofs and assessments and the application of relevant case law;
• An appreciation of the constitutional & civil rights that apply in the healthcare field;
• A knowledge of the current obligations on healthcare providers regarding record management vis-a-vis e-healthcare and data protection obligations;
• A full understanding of the nature of professional regulation and the practice and procedure relevant to statutory enquiries.

Programme structure and approach to learning

This course will provide practitioners with a comprehensive overview of the law governing healthcare in this jurisdiction, as well as analysis and insights in relation to the relevant practice and procedure in Ireland. In the first half of the course, the focus is on medical negligence claims. The second section of the course will cover the areas of medical records/ data protection, constitutional rights and healthcare regulation.

The learning experience will be enhanced by practical input from expert practitioners in their area and from leading contributors by way of workshops and case-study sessions. Notable features include a moot court exercise, where participants will have a unique opportunity to run contested applications before a court chaired by a practising High Court judge. Another notable feature is a healthcare regulation workshop facilitated by representatives from all the major healthcare regulatory bodies.

Modules

The programme is based on the following module scheme and covers key themes as listed below:

Part A

Module 1: Introduction to medico legal claims handling

• Practice and procedure , sample pleadings, and case management,
• Practical advices when acting for private hospitals,
• The State Claims Agency.

Module 2: Preparing for trial

• Instructing counsel,
• Healthcare precedent.

Part B

Module 3: Constitutional & civil rights

• Guardianship,
• Mental health law,
• Inquests before the coroner,
• Birth issues,
• End of life issues.

Module 4: Record management

• E-healthcare,
• Data protection obligations,
• Freedom of information.

Module 5: Healthcare regulation

• Professional regulation – case studies,
• Statutory enquiries – practice and procedure,
• Inquests before the coroner.

Workshops

Workshops are interactive sessions that focus on group problem-solving and are designed to reinforce lecture content from a more practical perspective and to consolidate the participant’s knowledge.

Assessments

This course is split into two parts, with each part’s assessments accounting for 50% of the overall grade. Assessment is by way of continuous assessment, with both parts featuring a 2,500-word written assignment (40%) and continuous assessment (20% total). Final assessment date: 02 July 2021.

Who should attend?

This course is suitable for the following:

• Solicitors, barristers and trainees who would like to be in a position to advise current or future clients on healthcare-related legal issues.
• Those working in the public health service, in healthcare departments in private practice, or working in-house in regulatory bodies or other agencies.

We welcome applications for this course from suitably qualified non-members. Please explain your interest and set out any relevant experience in a cover letter and a brief CV. Such applications are subject to a supplemental fee of €300.

Faculty

The teaching faculty for this diploma comprises experts in the field.

Previous lecturers have included:

• Michael Boylan, Michael Boylan Litigation Law Firm,
• Philip Fagan, State Claims Agency,
• Aisling Gannon, Eversheds Sutherland,
• Mary Hough, Hayes Solicitors,
• Áine Hynes, St. John Solicitors,
• JP McDowell, Fieldfisher,
• Claire Millrine, Head of Fitness to Practise and Legal Affairs, CORU,
• Roger Murray, Callan Tansey,
• Liam Reidy SC,
• Patricia Rickard-Clarke, Safeguarding Ireland Independent Chairperson.

CPD

We have designed our courses to enable you to satisfy as much of your CPD requirement as possible. Time spent attending lectures and workshops in person or completing these via e-learning as part of your course can be claimed towards your annual CPD requirement. The number of hours of CPD that you may claim in relation to your diploma/certificate course will depend on the way in which you access each of the individual sessions. For further information, visit the CPD scheme and download the CPD booklet.