Law and ethics in medicine

• Autores: Vivienne Harpwood
• Localización: Medicine, ISSN-e 1357-3039, Vol. 44, Nº. 10, 2016, págs. 619-622
• Idioma: inglés
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• Resumen

  • Law regulates many areas of medicine, so doctors should understand the legal framework within which they must work ethically. The UK Parliaments considers ethical principles when legislating on issues such as organ donation and abortion, and judges frequently consider ethical dilemmas in medicine. A new ethical perspective permeates medical law, illustrated by changed attitudes in Parliament and the courts, departing from assumptions based on paternalism and the view that the medical profession ‘knows best’, to recognizing the importance of patients' autonomy. This is notable in areas such as consent, treatment of patients lacking capacity, allocation of scarce resources, confidentiality, negligence, deprivation of liberty, organ donation, medical research, reproductive technologies and abortion. The new development was summed up by Lord Steyn, a senior judge: ‘In modern law, medical paternalism no longer rules’. Thus, the law now requires doctors seeking consent to provide sufficient information to enable patients to agree to proposed treatment with appropriate knowledge of risks, adverse effects and possible alternatives. Central to this changed culture is the importance of good communication. This overview concentrates on describing legal process and reasoning in the context of medical practice, referring to cases where fundamental ethical values have guided legal decision-makers. More comprehensive guidance can be found in Further reading.