The Centre for Medicine and Law in the Department of Public Law, Faculty of Law, University of Pretoria, is proud to announce the introduction of an MPhil degree in Medical Law and Ethics. The course will be available as from 2015, and will consist of three new postgraduate modules, namely Theory and practice of medical law and medical ethics, Access to health care and medical malpractice litigation and Medico-legal issues.

The political and legal landscapes in South Africa have changed significantly and irreversibly since the approval of the final Constitution in 1997. The reality of constitutional supremacy obviously also had an indelible impact on the understanding, nature, scope and application of medical law in South Africa and has exposed the increasing tensions between law and medicine – not only in the sphere of access to health care, but also with reference to the provision/management and quality of health care, medical malpractice litigation, the doctor-patient-hospital relationship, medico-legal issues pertaining to informed consent, medical research and experimentation, doctor-patient confidentiality and privacy, organ transplantation, human reproduction, end-of-life decisions, forensic pathology services and mental health.

According to Prof Pieter Carstens, the Director of the Centre for Medicine and Law, and Head of the Department of Public Law, ‘Medical Law is clearly a complex and multifaceted field of study. In addition, Medical Law is an internationally recognised subject, but is not taught at the majority of South African universities. The unique interface between law and medicine and medico-legal issues emanating from this, and a general lack of lawyers, health care professionals, allied health care practitioners and non-lawyers trained in substantive medical law and ethics (vis-a-vis the escalating demands of the medico-legal practice and the full sphere of the health care industry) necessitates the offering of an advanced postgraduate programme in this field. 

The programme, as a substantive and advanced programme in medical law and ethics, will certainly be unique in the South African tertiary landscape, specifically as medical law is also offered at an undergraduate level at this University, and has been so for the past 35 years. The Faculty of Law at the University of Pretoria, drawing on its proven expertise in medical law and ethics, is therefore ideally positioned to offer this programme in conjunction with the Faculty of Health Sciences.’ 

Prof Carstens further stated that ’a programme at master’s level is required to equip lawyers, health care professionals and non-lawyers with the knowledge, skills and values to deal with medico-legal issues as described above. Such a programme should be directed primarily at lawyers, health care professionals, allied health care practitioners and non-lawyers, including those working in the formal legal profession and the health care industry. The programme is also ideal for academics in law and health sciences faculties at universities in Africa, as it covers a range of topics that are carefully combined to ensure in-depth coverage of this highly complex and evolving field while at the same time delving deeply into issues and strategies. The design and implementation of the programme will ensure that there is a balance between theory and practical application. It is envisaged that the programme will generate considerable interdisciplinary research.’ 
 

For more information and to register for this programme, please contact [email protected] at Student Administration in the Faculty of Law.