Pathfinder - Health Law
Pathfinders are guides to the University of Sydney Law Library's resources in selected areas of law
Contents:
When researching Australian health law, first ascertain if
the query revolves around federal or state issues. Then, once
this has been addressed, articulate more precisely the medical or legal issue
involved. Then think of the TYPE of information required. For example, what exact information are you looking
for:
- summary of a topic, as in a chapter of a textbook
- a bill or an Act
- extrinsic materials such as explanatory memorandum/note; parliamentary
Second Reading speeches (Hansard); government reports
- cases on a topic
- commentary and discussion, as found in a journal article
Here are some suggested subject headings to use in the Library's Catalogue (
http://opac.library.usyd.edu.au/):
- Bioethics
- Coroners - [jurisdiction eg New South Wales]
- Euthanasia - Australia
- Informed consent (Medical law) - Australia
- Insanity - Jurisprudence - Australia
- Insurance, Health - Law and Legislation - Australia
- Legislation, Medical - Australia
- Medical Care - Law and Legislation - Australia
- Medical ethics
- Medical laws and legislation - Australia
- Mental health laws - Australia
- Medical personnel -- Malpractice
- Nursing - Law and legislation - Australia
- Patient advocacy - Australia - Legislation
- Patients - Legal status, laws, etc - Australia
- Public health laws - Australia
- Right to die - Law and legislation - Australia
- Smoking - Law and legislation
Australia
- Albury, R and others Ethical research: issues for institutional
ethics committees, Wollongong, NSW, University of Wollongong, 1996.
Fisher Research 174.2 332
- Australian Medical Association. AMA Code of Ethics 2003: http://www.ama.com.au/web.nsf/doc/WEEN-5M4VJV
- Bates, PW (ed) Brain damage: medico-legal aspects
Bondi Junction, Blackstone Press, 1994.
Law Research 616.8 328
- Bennett, B Law and medicine, Sydney, LBC Information
Services, 1997.
Law Research 344.041 13
- Breen, KJ et al Ethics, law and medical practice, St
Leonards, NSW, Allen & Unwin, 1997. Law Research 344.94041 21
- Brooks, A Occupational health and safety law in Australia,
4th ed, North Ryde, NSW, CCH, 1993. Law Short Loan 344.949465 3C
- Charlesworth, M. J.
Bioethics in a liberal society
Melbourne : Cambridge University Press, 1993.
Law Research 174.9574 13
- Darvall, L. W.
Medicine, law, and social change : the impact of bioethics, feminism, and rights movements on medical decision-making
Aldershot, Dartmouth, c1993.
Law Research 344.94041 19
- Devereux, J Medical law: text, cases and materials, Sydney, Cavendish, 1997
Law Short Loan 344.94041 24
- Dix, A et al Law for the medical profession in Australia,
2nd ed, Port Melbourne, Butterworth-Heinemann, 1996.
Law Short Loan 344.94041 8A
-
Duckett, Stephen.
The Australian health care system,
Melbourne, Oxford University Press, 2000
Medical Library 362.10994 270
- Essentially yours: the protection of human genetic information in Australia.Australian Law Reform Commission report 96.
Sydney, ALRC, 2003
Law Research 174.957 24
- Freckelton, I and Petersen, K (eds.) Controversies in health law, , Leichhardt, NSW, Federation Press, 1999.
Law Short Loan 344.94041 23
- Devereux, John
Medical law : text, cases and materials
Sydney : Cavendish, 1997.
Law Short Loan 344.94041 24
- Hippocratic oath - classical version: http://www.pbs.org/wgbh/nova/doctors/oath_classical.html
- Kerridge, Ian H. and others Ethics and law for the health professions,
Katoomba, N.S.W. Social Science Press, 1998.
Law Research 174.2 381
- Kuhse, H and Singer, P (eds)
A companion to bioethics Oxford, Blackwell, 1998.
Fisher Library 174.2 399
- MacFarlane, PJM Health law in Australia and New Zealand: commentary and materials, Leichhardt, NSW, Federation Press, 3rd ed, 2000.
LU and Law Research 344.9404 8A
- Martin, T Interests in abortion: a new perspective on foetal potential and the abortion debate, Aldershot, Ashgate, 2000.
Law Research 179.76 5
- Montgomery, Jonathan.
Health care law,
Oxford : Clarendon, 2003.
Law Research 344.41041 23 A
- Morgan, J (ed) An easeful death?: perspectives on death,
dying and euthanasia, Leichhardt, NSW, Federation Press, 1996.
Law Research 174.24 54
- Otlowski, M Voluntary euthanasia and the common law, Oxford, Clarendon Press, 1997.
Law Research 344.04197 1
- Ranson, D Forensic medicine and the law: an introduction,
Carlton, Vic, Melbourne University Press, 1996.
Medical Library 614.1 74
- Reynolds, C Public health law in Australia, Leichhardt,
NSW, Federation Press, 1995.
Law Short Loan 344.9404 11
- Selby, H (ed) Inquest handbook, Leichhardt, NSW, Federation Press, 1998.
Law Research 347.94016 3
- Shotton, L (ed) Healthcare law and ethics, Katoomba, NSW, Social Science Press, 1997.
Medical 344.940412 5
- Skene, L Law and medical practice: rights, duties, claims and defences, Sydney, Butterworths, 1998
Law Short Loan 344.94041 22
- Staunton, Patricia J.
Nursing & the law by Patricia J. Staunton and Mary Chiarella. 5th ed.
Marrickville, N.S.W. : Elsevier (Australia), 2003.
Nursing Undergraduate 344.940414 1 D
- Victorian Parliament Law Reform Committee. Legal liability of health
service providers, Final report, May 1997.
Law Research 344.9450411 1. Also available at <http://www.parliament.vic.gov.au/lawreform/>
- Wilson, J My body, my decision: children's consent to medical
treatment, Sydney, National Children's and Youth Law Centre,
1995.
Law Research 344.940412 4
United Kingdom
- Cumming, WJK Neurology, London, Cavendish, 1998 (Medico-Legal Practitioner Series).
Law Research 616.8 383
- Dutt, TP & Matthews, M Crynaecology, London, Cavendish, 1999. (Medico-Legal Practitioner Series).
Law Research 618.1 95
- Healy, J. Medical negligence: common law perspectives
, London, Sweet & Maxwell, 1999.
Law Research 344.0411 3
- Irwin, RS et al Medical negligence litigation: a practitioner's
guide,London, Legal Action Group, 1995. Law Short Loan 344.41041 21
- Khan, M & Robinson, M Medical negligence, London, Cavendish Publishing Ltd, 1997.
- Lewis, CJ Medical negligence: a practical guide, 4th
ed, London, Butterworths, 1998.
Law Research 346.410332 2B
- Mason, JK (ed) Medico-legal aspects of reproduction and parenthood, 2nd ed, Aldershot, UK, Dartmouth, 1998.
Law Research 346.0163 3
- Mason, J. K. (John Kenyon)
Law and medical ethics / J.K. Mason, R.A. McCall Smith, G.T. Laurie.
6th ed. London : Butterworths, c2002.
Law Research 344.41041 20 A
- O'Grady, J et al. (eds.) Medicines, medical devices and the law
on children: a report to the Attorney-General, London, Greenwich Medical Media, 1999.
Law Research 344.41041 28
- Phillips, AF Medical negligence law: seeking a balance, Aldershot, Dartmouth, 1997.
Law Research 344.410411 1
- Sheldon, S Beyond control: medical power and abortion law, London, Pluto Press, 1997.
Law Research 344.4104192 3
United States
- Furrow, BR et al Health law: cases, materials and problems,
3rd ed, St Pauls, Minn, West, 1997.
Law Research 344.73041 19A
- McConnell, Terrance C.
Inalienable rights : the limits of consent in medicine and the law
New York : Oxford University Press, 2000.
Law Research 344.730412 3
- Morreim, E. Haavi.
Holding health care accountable: law and the new medical marketplace
New York : Oxford University Press, 2001
Law Research 344.730411 4
- Pollack, Burton R.
Law and risk management in dental practice /
Publisher Chicago : Quintessence Pub. Co., c2002.
Dentistry 617.60068 10
Looseleaf services are frequently-updated volumes containing summaries of the law, relevant cases, and
full text of relevant legislation.
- Australian health & medical law reporter,
Law Looseleaf 344.94041 9. This contains chapters/tabs on: Personnel; Institutions
and agencies; Clinical practice; Patient rights; Forensic medicine;
Public health; Management of facilities; Ethics; Health services
funding; New developments; Cases.
- Australian occupational health & safety law,
Law Looseleaf 344.940465 5
- Australian professional liability : medical
Law Looseleaf 344.940411 1
- Expert Evidence, by Freckelton, I & Selby, H
Law Looseleaf 347.94067 4
- Halsbury's Laws of Australia, Vol 18:
Medicine; Mental health; Vol 21(2) Public health.
Law Reference RR029
- Laws of Australia, Vol 20: Health &
guardianship; Vol 27: Professional liability - 27.2 Medical practitioners.
Law Reference RR 039
There are many conference/seminar proceedings covering aspects
of health law. The Law Library holds a number of these, particularly
those organised by the Business Law Education Centre, the College
of Law and Legal and Accounting Management Seminars (LAAMS). Here
is a sample of proceedings held:
- Hot topics in medical negligence claims : recent seminar papers / Kathryn Booth ... [and others].
Bondi Junction, N.S.W. : LAAMS, c2001.
Law Research 342.943088 5
- Medical negligence: crisis or beat-up? Seminar Papers,
South Melbourne, Business Law Education Centre, 1996.
- Medicine for common law practitioners: papers presented
for the Continuing Legal Education Dept of the College of Law,
17 August 1996, St Leonards, NSW, 1996.
Law Research 614.1 71
- The patient, the law and the professional, Proceedings of the 11th Annual Congress of the Australian & New Zealand Association of Psychiatry, Psychology and Law, Melbourne, 1990.
Law Research 344.94044 2
- Pharmaceutical issues: medico-legal seminar papers, Bondi Junction, NSW, Legal and Accounting Management Seminars Pty Ltd, 1997.
Law Research 344.940416 1
- Recent developments in medical liability : national conference papers / [Anita King ... [and others]].
Bondi Junction, N.S.W. : LAAMS Publications, 2001.
Law Research 344.94041 29
- Revolution in private health insurance, Seminar Papers,
South Melbourne, Vic, Business Law Education Centre, 1996.
Law Research 344.94022 8
- Sherman, S & Bozic, M Medical negligence: is there
a doctor in the house? Sydney, NSW Young Lawyers, Law Society
of NSW, 1996.
Law Research 346.940332 9
- American journal of law & medicine
- Australian health & medical news (part of CCH's Australian
health & medical law reporter)
- Australian health law bulletin
- Australian journal of forensic sciences
- Bioethics
- BMJ: British medical journal
- COBRA advisory [electronic resource]
- European journal of health law
- HEC forum (Online)
- International digest of health legislation.
- Issues in law & medicine
- Journal of contemporary health law and policy
- Journal of health politics, policy and law
- Journal of law and health
- Journal of law and medicine
- Journal of law, medicine & ethics
- Journal of psychiatry and law
- Kennedy Institute of Ethics journal
- Law and human behaviour
- Medical journal of Australia
- Medical law international
- Medical law review
- Medicine, science and the law
- Medico-legal journal
- Medico-Legal Society of New South Wales. Proceedings
- Monash bioethics review
- Trauma
On the Law Library's Databases web page http://www.library.usyd.edu.au/libraries/law/databases.html , we have the
following electronic versions of journal indexes, some of which are full text:
- AGIS. A general law
index with an Australian focus, available on the web.
- APAIS.
APAIS indexes health journals
as well as legal
- LegalTrac A major general law
periodicals index. It is an American index but includes other
jurisdictions and has the widest coverage of any of our indexes.
It covers a wide selection of health law journals.
- Legal Journals Index This is a British publication
and its coverage is Britain and Europe
- Lexis and Westlaw
Lexis and Westlaw are full text databases of primarily North American primary law and full text journal articles, but including some Australian,
and European materials
- Medline This indexes many health and medical journals
and has a global coverage
- Newspaper and magazine articles can also be accessed from this page of Databases also
Please note the US spellings and terms when using US based
journal indexes eg labor not labour, organization not organisation,
Legislation consists of Acts and statutory rules or regulations.
Sometimes you may
need the superseded legislation as it was at a particular point
of time. But usually it is necessary to ensure that the legislation is up to date.
Legislation may be found in many formats, the official websites are most up to date:
- Sessional (as passed by houses of Parliament)- in number order
- Reprints (as reprinted from time to time by government printers and commercial
publishers) - in alphabetical order
- Looseleaf (as published in looseleaf services which are regularly updated)
- Online - Commonwealth at SCALEplus http://scaleplus.law.gov.au/, NSW at
NSW Legislation http://www.legislation.nsw.gov.au/
- Digested in Australian Current Law Legislation or Australian
Legal Monthly Digest
Since 1984, the Acts Interpretation Act 1901 (Cth) s 15AB
allowed for the use of extrinsic materials in the interpretation
of legislation. The extrinsic material includes:
Cases are published in various formats. Some good places to
look are:
- Law reports in print held on Level 8 of the Law Library
- Looseleaf services (such as Australian health and medical
law reporter)
- Lloyd's law reports. Medical (for British cases)
- Electronic Databases (such as NSWLR or Unreported Judgments), accessed from the Library's Law Databases page at:
http://www.library.usyd.edu.au/libraries/law/databases.html#cases
- On the Web at AustLII <http://www.austlii.edu.au/>
- Digested in either Australian Current Law Reporter,
the Australian Digest, Australian Legal Monthly Digest
To see if a case has been reported or judicially considered, the
electronic database CaseBase on the Law Library Network under
Case citators.
Web Resources
- Black's medical dictionary, 38th
ed, London, A & C Black, 1995.
Law Ref 610.3 15 F
- Concise medical dictionary.
New York : Oxford University Press, 1998.
5th ed.
Law Ref 610.321 1 C
Links to lists of legal abbreviations are found on the Law Library's web page at:
http://www.library.usyd.edu.au/libraries/law/abbreviations.html
Print copies of dictionaries of abbreviations of law reports, periodicals etc. can be
found at the Law Library Information Desk.
For help with finding information in the Law Library,
feel free to ask at the
Library Information Desk.
For specific research assistance, the following Library staff
will be happy to help:
Margaret McAleese, Law Librarian 9351 0220
Carolyn Kearney, Information Services Librarian 9351 0293
or email the
Law Library
