Defining the Scope of Medical Law and Ethics

In this section, I will discuss and explore the various medical law and ethics involved in general practice and clinical practice throughout the healthcare sector, as well as define all of the key terms and concepts involved within this expanding field. Ethics is essentially the guidelines and expectations surrounding a career in medicine and healthcare. It is the basis upon which just about all medical practice is held in good standing and described as legal practice, rather than medical malpractice . Laws, on the other hand, are the formal rules that must be adhered to to the letter, where as medical ethics is informed more by commitments to patients and the general welfare than formalities of structure. Medical law and ethics can expand to examine issues more niche than the more general themes of law and ethics in medical practice. For example, the ethics surrounding the use of laboratory animals or the law involved when conducting human trials. I will also shed light on medical law and ethics as they relate to the digital age. Electronic medical records will be discussed, particularly in relation to the right to privacy as reflected by HIPAA law.

Fundamental Principles of Medical Law

The battery or harm exists if the doctor interferes with the patient’s body without permission. Consent may be given in writing, verbally or by implication from conduct. If the doctor has no reasonable grounds for believing it is necessary to act without a consent, he may be liable for assault and battery.
A doctor has a duty to give information to the patient, but this is subject to the patient’s ability to understand it. The doctor may not need to give information if they are treating a life-threatening condition where there is no time to do so.
The duty of care owed by a doctor includes:

  • the duty to provide the patient with adequate advice and information;
  • the duty to take proper and reasonable care in the treatment and examination of the patient;
  • the duty to prescribe only medications and drugs that are in the whole scope of the weights and measures legislation of the relevant state or territory;
  • the duty to only operate on the patient if he is unfamiliar with the condition;
  • the duty to only operate on the patient if the doctor has had the appropriate training or supervision to do the procedure; and
  • the duty not to delay diagnosis of the patient; and
  • the duty to only perform surgery if you are qualified to do so.

Failure to comply with one of these duties may constitute a breach of duty.
Competence is determined by applying the standard of the reasonable practitioner. In general, the reasonable practitioner is an ordinary person in the field who exercises a standard of skill and care expected in the profession.
In appropriate cases, such a professional may be required to get a second opinion, while in others they may be required to refer to a particular specialist.
A doctor does not need to guarantee the results of their treatment however, in some circumstances they must inform patients of the risk of adverse outcomes. For instance, a doctor would be liable for wrongful diagnosis if they fail to diagnose serious conditions, which were clearly observable or identifiable.

Medical Ethics Controversies and Challenges

Ethical issues in healthcare extend far beyond the general tenets of medical law. In this day of rapid technological advances, decision-making on the part of physicians in relation to their patients can be convoluted and diverse.
Common ethical dilemmas tend to include:
The end-of-life decision-making process has become a significant topic of debate across the medical field, with many views on what constitutes a reasonable length of time within which a person can be declared legally dead. The legal status of organ donation and physician-assisted suicide are also the subject of debate, with opinions on the legality of each issue expressed by numerous ethicists. The ethical standards for the practice of medicine have been progressively instilled via the Hippocratic Oath, which has evolved into the current version – the Declaration of Geneva. This modern-day version enumerates the general fundamentals of medical ethics and serves as a guideline for the conduct of physicians.

Where Law and Medical Ethics Converge

The complexities involved in the intersection of law and medical ethics have implications for many areas of medical practice. In recent years, much of the discussion in the intersection centered on the issue of end-of-life decision making. The Terri Schiavo case, which ultimately led to legislation intended to curb the power of the judiciary in close cases where family members and physicians disagreed) is just one recent example.
Refusing Treatment
The thorny issue of refusing treatment is another example. Laws affirming a patient’s right to refuse may conflict with a physician’s judgment that adherence to a treatment plan is necessary where a patient might otherwise suffer serious consequences. This issue is particularly relevant for patients with mental illness.
Informed Consent
The informed consent process is generally informed by ethical guidelines, but states have sometimes enacted informed consent laws that specify certain elements that must be included in the process. The informed consent process is also further complicated by the fact that patients’ legal mechanisms for decision making, such as a health care agent or advanced health care directive, do not always match up explicitly with the "doctrine" of informed consent as established through case law.

The Benefit of PDF Resources in Medical Law Studies

As the landscape of medical law and ethics continues to evolve, so too does the manner in which students and professionals interact with these crucial fields of study. In the realm of legal academia, digital resources have taken on a particularly important role, allowing for greater dissemination of information in formats that are more accessible than ever before. This is especially true with regard to PDF documents, which have proven to be an invaluable resource for both parties.
In the past, students and professionals in the fields of medical law and ethics were forced to rely on textbooks and other print resources, leading to long-term dependency on those resources. Although many still do utilize these traditional materials, there is no doubt that many have turned to PDF resources in order to expand their research capabilities and ensure the broadest level of understanding of their chosen subject matter. With the implementation of separate medical law rules for each state, and the constant evolution in the field through updates to regulations and increased focus on updating ethical standards , an understanding of the facts is paramount to the advancement of the field itself.
Through the use of PDF resources, the study of medical law and ethics has come a long way. From online courses to student theses, texts on the latest regulations to studies on the evolution of ethics throughout the field, this information has played a critical role in the dissemination of information pertaining to medical law and ethics. The information usually found in these documents is vast and broad ranging, often including:
The accessibility of medical law and ethics PDFs and the variety of information covered thorough them has made it easier than ever for students and medical law and ethics professionals to conduct research on pertinent topics. Available online 24/7, these documents can assist students and professionals at varying levels of experience with the ability to conduct research with immediate results. In the past, seeking out such information could take hours or days of work. Today, a simple search query may produce comprehensive findings in just a few minutes’ time.

Noteworthy Medical Law and Ethics Cases

Case law is often the final arbiter of medical law and ethics. These decisions can lay down a new precedent or nuance an established rule. Regardless, some cases provide a greater guideline on concepts in medical law and ethics. Some significant cases are:
Miller v. Metcalf, 109 Wash. 2d 61 (1987): This case held that medical experts need not have the same specialty in order to qualify as an expert witness. The expert only needs to be knowledgeable of the relevant standards of their field and cannot be relevant experts at the same time (if they are another physician).
Roberts v. Golfside Surgical Center, P.L.L.C., 225 S.W.3d 149, 160 (Tex. App. 2007): In this case the court ruled that a medical center owed a standard of care to its patients to take reasonable measures to see that doctors with privileges at the facility had the appropriate qualifications and skills to perform the surgeries they were assigned to do.
Morrissey v. State, 104 A.2d 427, 427 (R.I. 1954) (quoting Florence Nightingale, "Notes on Nursing," 3d ed. (Philadelphia: P. Blakiston’s Son & Co., 1893), 1-9.): In this case the Rhode Island Supreme Court was willing to accept as authoritative a section of Nightingale’s Notes on Nursing as a standard of care, specifically: "To put the patient in the best condition for nature to restore or preserve" (to which the court added the words). The plaintiff had sued for improper administration of a narcotic based on negligence per se plus injury. The court applied the section for the purposes of setting the standard of care for nurses.

Trends and Future Directions in Medical Law and Ethics

As technology continues to play a crucial role in modern medicine, the future of medical law and ethics will be shaped by the ethical dilemmas that new advancements present. For instance, with the rise of telemedicine, legal questions have arisen surrounding issues such as patient confidentiality and consent across state borders. Similarly, the implementation of artificial intelligence in medical diagnosis and decision-making will require new standards for accountability and liability.
Moreover, as societal values continue to shift, medical law and ethics will need to adapt to reflect these changes. For example, as mental health becomes an increasingly prominent public health issue, questions surrounding patient consent and involuntary treatment , as well as mental health parity in insurance coverage, will need to be addressed. Additionally, as public attitudes towards reproductive rights and end-of-life care continue to evolve, lawmakers and medical professionals will need to navigate these shifting landscapes in order to provide ethical and legal clarity.
Finally, with the frequently changing landscape of healthcare policy, medical law and ethics will continue to be influenced by new legislation and regulations. This will require healthcare workers, lawyers, and ethicists to stay abreast of these developments in order to ensure that they remain compliant with the law and provide the highest quality of care to their patients.