MVV57906K Effective Legal Representation of Doctors and Patients in Medical Disputes

Faculty of Law
Autumn 2015
Extent and Intensity
0/2. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Mgr. Lucie Atkinsová, LL.M. (seminar tutor)
Mgr. Kamila Kouřilová (seminar tutor)
Guaranteed by
Mgr. Lucie Atkinsová, LL.M.
Lifelong Learning Centre – Commercial Activities Centres – Faculty of Law
Contact Person: Mgr. Lenka Sochorová
Supplier department: Lifelong Learning Centre – Commercial Activities Centres – Faculty of Law
Timetable of Seminar Groups
MVV57906K/01: Thu 1. 10. 18:15–19:45 258, Fri 2. 10. 8:00–9:30 025, 9:35–11:05 025, Thu 15. 10. 18:15–19:45 258, Fri 16. 10. 8:00–9:30 025, 9:35–11:05 025, Thu 29. 10. 18:15–19:45 258, Fri 30. 10. 8:00–9:30 025, 9:35–11:05 025, Thu 12. 11. 18:15–19:45 258, Fri 13. 11. 8:00–9:30 025, 9:35–11:05 025, Thu 26. 11. 18:15–19:45 258, Fri 27. 11. 8:00–9:30 025, 9:35–11:05 025, Thu 10. 12. 18:15–19:45 258, Fri 11. 12. 8:00–9:30 025, 9:35–11:05 025
Course Enrolment Limitations
The course is also offered to the students of the fields other than those the course is directly associated with.
The capacity limit for the course is 25 student(s).
Current registration and enrolment status: enrolled: 0/25, only registered: 0/25, only registered with preference (fields directly associated with the programme): 0/25
fields of study / plans the course is directly associated with
Course objectives
• To introduce to students the whole range of relationship dynamics existing and influencing the delivery of health care to patients. Furthermore, to explain to students how such relationship dynamics influence the decision-making on the side of a patient and on the side of a doctor.
• To familiarize students with the main factors influencing the relationship dynamics and the main characteristics of decision-making.
To teach students how to identify what importance and what influence a situation and relationship set-up has for the communication between both parties. Especially, to introduce students to the basic concepts and their content, By basic concepts we mean, for example, space or room for for agreement, negotiation style, strategy and tactics of negotiation, etc.
• To present to students the most important laws or rather rules of conflict prevention by negotiation. To disclose the specialized forms of conflict resolution which emphasize autonomy (such forms include mediation and facilitation). To explain to students what role in the communication is played by the motives and goals of a party and to teach them how to recognize and reshape the motives and to influence decision-making of the opposite party.
• To clarify how some laws or rather rules of communication work and to empower students' capability to use effective forms of communication. To further examine and encourage students to use silence and active listening in their communications. To stipulate together with students which are the classic stages of conflict and to enable them to overcome the problems which lie in the level of relationship-based or focused conflict.
Syllabus
  • (1) Relationships - their basic characteristics and legal frame surrounding and shaping these relationships;
  • (2) Relationship dynamics in terms of its impact on the decision-making; the issue of examining and settling the feelings underlining the decision=making and negotiation; conflicts of interests on the side of each of the parties;
  • (3) The role of a lawyer as a legal counsel to a pacient and the possibilities of the legal counsel to intervene on behalf of a patient into the relationship with a doctor and into the decision-making;
  • (4) The significance of communication; the impact of silence and active listening; some features of effective communication
  • (5) Merit-based and relationship-based parts of the conflict; four ways of sending and receiving information; four main barriers of agreeing to settle the conflict; strategy and tactics leading to the decrease or removal of these barriers;
  • (6) Negotiation tactics enforcing the conflict resolution; how to make it hard for the opposite party to disagree; shift of the attention from the relationship-based part of conflict to merit-based part of conflict and methods enlarging a space or room for agreement as well as enhancing the trust between the parties in conflict.
Literature
    recommended literature
  • ČERNÝ, Rudolf. Analýza konfliktního jednání a prevence komunikačních dysfunkcí ve vztahu lékař-pacient: hodnocení konfliktů v ambulancích lékařů první linie. Vyd. 1. Praha: Radix, 2011, 75 s. ISBN 978-80-86031-91-0.
Teaching methods
The important part of the teaching will consist of several shorter and one longer simulated negotiations, which will be based on a case study presenting a situation of a patient and assigning students various roles to play (both the case study and roles will be assigned to students in advance in time). The students will then be, according to their roles and in several small groups, negotiating. These negotiations will be recorded on video. Following the recording, each small group will be expected to prepare a detailed analysis of their own negotiation (this will not be in writing, but will most likely take a form of answers to a questionnaire prepared by the teachers). This analysis of their own negotiation will be followed by the analysis of negotiation in a full group (whole class)enriched by the reflections and feedback from the teachers as well as peers.
Assessment methods
The fundamental background for the evaluation is the activity of students in the seminars, home preparation (mainly the hope preparation for simulated negotiations) as well as the analysis of the negotiations in small groups. The only written outcome, prepared again in a small group. will be a memorandum or rather a less formal letter from a legal counsel of a patient. This letter should contain: the description of the course of negotiation, the result and the recommended further steps.
50% attendance and activity in seminars
25% home preparation of the analysis of negotiations
25% written outcome = a letter addressed to a patient explaining the course and outcome as well as further steps recommended by the legal counsel of a patient
Language of instruction
Czech
Further comments (probably available only in Czech)
Study Materials
The course is taught last offered.
The course is also listed under the following terms Autumn 2014.
  • Enrolment Statistics (recent)
  • Permalink: https://is.muni.cz/course/law/autumn2015/MVV57906K