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Medical Law and Ethics: Navigating the Complexities of Healthcare
The world of healthcare is a delicate dance between the art of healing and the strictures of the law. Every interaction, every diagnosis, every treatment decision carries potential legal and ethical implications. This post delves into the fascinating and often challenging intersection of medical law and ethics, providing a comprehensive overview of key concepts, challenges, and considerations for both healthcare professionals and patients. We’ll explore the legal frameworks governing medical practice, examine critical ethical dilemmas, and shed light on the evolving landscape of this crucial field.
H2: The Foundation of Medical Law: Key Legal Principles
Medical law is a complex body of regulations, statutes, and case law designed to protect patients, guide medical professionals, and maintain the integrity of the healthcare system. Several core principles underpin this legal framework:
H3: Informed Consent: A Patient's Right to Choose
Informed consent is paramount. It mandates that patients understand the nature of their condition, the proposed treatment options (including potential risks and benefits), and alternative treatments before making a decision. Failure to obtain proper informed consent can lead to legal repercussions, including medical malpractice lawsuits. This requires clear, understandable communication tailored to the patient’s comprehension level.
H3: Negligence and Medical Malpractice
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, resulting in harm to a patient. Proving negligence requires demonstrating a duty of care existed, a breach of that duty, causation (a direct link between the breach and the harm), and damages suffered by the patient. This area of law is intricate and involves expert medical testimony to establish the standard of care.
H3: Confidentiality and Patient Privacy
Protecting patient confidentiality is ethically mandated and legally protected through laws like HIPAA (Health Insurance Portability and Accountability Act) in the United States. This legislation dictates stringent regulations regarding the collection, use, and disclosure of protected health information. Breaches of confidentiality can have severe consequences, both legally and professionally.
H2: Ethical Dilemmas in Healthcare: Navigating Moral Crossroads
Beyond legal requirements, healthcare professionals constantly grapple with complex ethical dilemmas. These situations often involve conflicts between competing values, such as beneficence (acting in the patient's best interest) and autonomy (respecting the patient's right to self-determination).
H3: End-of-Life Care: A Balancing Act
Decisions surrounding end-of-life care present profound ethical challenges. Issues like euthanasia, assisted suicide, and the withholding or withdrawing of life-sustaining treatment are highly debated and subject to varying legal interpretations across jurisdictions. These decisions necessitate careful consideration of the patient's wishes, their quality of life, and the ethical responsibilities of healthcare providers.
H3: Resource Allocation and Justice
Limited healthcare resources inevitably lead to difficult choices about resource allocation. Ethical considerations arise when determining how to distribute scarce resources fairly and equitably among patients with diverse needs. This often involves complex discussions about fairness, prioritization, and the potential for discrimination.
H3: Genetic Testing and Genetic Information: Ethical and Legal Minefields
Advances in genetic testing raise significant ethical and legal questions. Issues such as genetic privacy, the potential for discrimination based on genetic information, and the implications of predictive genetic testing require careful consideration and robust legal frameworks to protect individuals' rights and prevent misuse of sensitive information.
H2: The Evolving Landscape of Medical Law and Ethics
The fields of medical law and ethics are constantly evolving, shaped by technological advancements, societal shifts in values, and emerging legal precedents. Artificial intelligence in healthcare, telehealth advancements, and the increasing availability of genetic information are all reshaping the ethical and legal landscape, demanding ongoing adaptation and refinement of existing frameworks.
Conclusion
Navigating the intersection of medical law and ethics is crucial for anyone involved in healthcare. Understanding the fundamental legal principles, grappling with ethical dilemmas, and staying abreast of the ever-changing legal and ethical landscape are essential for ensuring patient safety, upholding professional integrity, and providing high-quality, ethical care.
FAQs
1. What happens if a doctor violates patient confidentiality? Consequences can range from professional disciplinary actions (such as license suspension or revocation) to civil lawsuits for damages and criminal charges depending on the severity and intent of the violation.
2. Can a patient refuse treatment even if it's life-saving? Yes, under the principle of autonomy, competent adults have the right to refuse medical treatment, even if that refusal may result in their death.
3. What is the role of an ethics committee in a hospital? Ethics committees provide guidance and support to healthcare professionals facing ethical dilemmas. They offer a forum for discussion, deliberation, and recommendations to help navigate complex situations.
4. How is medical malpractice different from medical negligence? Medical negligence is a broader term encompassing any failure to provide the appropriate standard of care. Medical malpractice is a type of negligence that results in harm to a patient, often leading to a legal claim.
5. Where can I find more information about medical law and ethics in my jurisdiction? You should consult your local bar association, legal aid organizations, or government health agencies for specific regulations and resources relevant to your region.
| medical law and ethics: Medical Law and Ethics Jonathan Herring, 2012-04-05 Medical Law and Ethics is a feature-rich introduction to medical law and ethics, discussing key principles, cases, and statutes. It provides examination of a range of perspectives on the topic, such as feminist, religious, and sociological, enabling readers to not only understand the law but also the tensions between different ethical notions. |
| medical law and ethics: Oxford Handbook of Medical Ethics and Law , 2022-01-17 Doctors have been concerned with ethics since the earliest days of medical practice. Traditionally, medical practitioners have been expected to be motivated by a desire to help their patients. Ethical codes and systems, such as the Hippocratic Oath, have emphasised this. During the latter half of the 20th century, advances in medical science, in conjunction with social and political changes, meant that the accepted conventions of the doctor/patient relationship were increasingly being questioned. After the Nuremberg Trials, in which the crimes of Nazi doctors, among others, were exposed, it became clear that doctors cannot be assumed to be good simply by virtue of their profession. Not only this, but doctors who transgress moral boundaries can harm people in the most appalling ways-- |
| medical law and ethics: Routledge Handbook of Medical Law and Ethics Yann Joly, Bartha Maria Knoppers, 2014-09-19 This book explores the scope, application and role of medical law, regulatory norms and ethics, and addresses key challenges introduced by contemporary advances in biomedical research and healthcare. While mindful of national developments, the handbook supports a global perspective in its approach to medical law. Contributors include leading scholars in both medical law and ethics, who have developed specially commissioned pieces in order to present a critical overview and analysis of the current state of medical law and ethics. Each chapter offers comprehensive coverage of longstanding and traditional topics in medical law and ethics, and provides dynamic insights into contemporary and emerging issues in this heavily debated field. Topics covered include: Bioethics, health and human rights Medical liability Law and emerging health technologies Public health law Personalized medicine The law and ethics of access to medicines in developing countries Medical research in the genome era Emerging legal and ethical issues in reproductive technologies This advanced level reference work will prove invaluable to legal practitioners, scholars, students and researchers in the disciplines of law, medicine, genetics, dentistry, theology, and medical ethics. |
| medical law and ethics: Law, Ethics, & Bioethics for the Health Professions Marcia A Lewis, Carol D Tamparo, Brenda M Tatro, 2012-02-07 Now in its Seventh Edition and in vivid full-color, this groundbreaking book continues to champion the “Have a Care” approach, while also providing readers with a strong ethical and legal foundation that enables them to better serve their clients. The book addresses all major issues facing healthcare professionals today, including legal concerns, important ethical issues, and the emerging area of bioethics. |
| medical law and ethics: Medical Law and Ethics Sheila McLean, 2017-11-22 This title was first published in 2002.The wide range of essays contained within this volume present contemporary thinking on the legal and ethical implications surrounding modern medical practice. |
| medical law and ethics: Medical Law and Medical Ethics Nils Hoppe, José Miola, 2014-04-03 Conveys all the core topics emphasising the interplay between medical law and medical ethics in a unique chapter structure. |
| medical law and ethics: Routledge Handbook of Medical Law and Ethics Yann Joly, Bartha Maria Knoppers, 2014-09-19 This book explores the scope, application and role of medical law, regulatory norms and ethics, and addresses key challenges introduced by contemporary advances in biomedical research and healthcare. While mindful of national developments, the handbook supports a global perspective in its approach to medical law. Contributors include leading scholars in both medical law and ethics, who have developed specially commissioned pieces in order to present a critical overview and analysis of the current state of medical law and ethics. Each chapter offers comprehensive coverage of longstanding and traditional topics in medical law and ethics, and provides dynamic insights into contemporary and emerging issues in this heavily debated field. Topics covered include: Bioethics, health and human rights Medical liability Law and emerging health technologies Public health law Personalized medicine The law and ethics of access to medicines in developing countries Medical research in the genome era Emerging legal and ethical issues in reproductive technologies This advanced level reference work will prove invaluable to legal practitioners, scholars, students and researchers in the disciplines of law, medicine, genetics, dentistry, theology, and medical ethics. |
| medical law and ethics: Health Care Law and Ethics Mark A. Hall, David Orentlicher, Mary Anne Bobinski, Nicholas Bagley, I. Glenn Cohen, 2018-02-26 Health Care Law and Ethics, Ninth Edition offers a relationship-oriented approach to health law—covering the essentials, as well as topical and controversial subjects. The book provides thoughtful and teachable coverage of every aspect of health care law. Current and classic cases build logically from the fundamentals of the patient/provider relationship to the role of government and institutions in health care. The book is adaptable to both survey courses and courses covering portions of the field. Key Features: New authors Nick Bagley and Glenn Cohen Incorporated anticipated changes to the Affordable Care Act More current cases and more streamlined notes, including ones on medical malpractice, bioethics, and on finance and regulation More coverage of “conscientious objection” and “big data” - Discussion of new “value based” methods of physician payment - Expanded coverage of “fraud and abuse” Current issues in public health (e.g., Ebola, Zika) and controversies in reproductive choice (e.g., Hobby Lobby) Coverage of cutting-edge genetic technologies (e.g., gene editing and mitochondrial replacement) |
| medical law and ethics: Canadian Medical Law Barney Sneiderman, John C. Irvine, Philip H. Osborne, 1995-01-01 |
| medical law and ethics: Mason and McCall Smith's Law and Medical Ethics Graeme T. Laurie, Shawn Harmon, Edward Dove, 2019 This classic textbook has provided students of medical law and ethics with a framework for exploring this fascinating subject for over 30 years. Providing coverage of all of the topics found on medical law courses, it gives an overview of the inter-relationship between ethical medical practice and the law. Medical law is significantly shaped by the courts, and as such this book provides extensive coverage of recent judicial decisions as well as statutory developments. The new edition continues to evolve to reflect changes in the law and shifting ethical opinions. |
| medical law and ethics: Issues in Medical Law and Ethics Derek Morgan, 2012-12-06 Thirty years ago, English jurist Patrick Devlin wrote: Is it not a pleasant tribute to the medical profession that by and large it has been able to manage its relations with its patients ... without the aid of lawyers and law makers. Medical interventions at the beginnings and the endings of life have rendered that assessment dated if not defeated. This book picks up some of the most important of those developments and reflects on the legal and social consequences of this metamorphosis over the past ten years, and will be of interest to students of law, sociology and ethics who want a considered and critical introduction to, and reflection on, key issues in these pivotal moments of human life. |
| medical law and ethics: Choosing Life, Choosing Death Charles Foster, 2009-02-27 Autonomy is a vital principle in medical law and ethics. It occupies a prominent place in all medico-legal and ethical debate. But there is a dangerous presumption that it should have the only vote, or at least the casting vote. This book is an assault on that presumption, and an audit of autonomy's extraordinary status. This book surveys the main issues in medical law, noting in relation to each issue the power wielded by autonomy, asking whether that power can be justified, and suggesting how other principles can and should contribute to the law. It concludes that autonomy's status cannot be intellectually or ethically justified, and that positive discrimination in favour of the other balancing principles is urgently needed in order to avoid some sinister results. 'This book is a sustained attack on the hegemony of the idea of autonomy in medical ethics and law. Charles Foster is no respecter of authority, whether of university professors or of law Lords. He grabs his readers by their lapels and shakes sense into them through a combination of no-nonsense rhetoric and subtle argument that is difficult to resist.' Tony Hope, Professor of Medical Ethics, Oxford University 'This book is unlikely to be in pristine state by the time you have finished reading it. Whether that is because you have thrown it in the air in celebration or thrown it across the room in frustration will depend on your perspective. But this book cannot leave you cold. It is a powerful polemic on the dominance of autonomy in medical law, which demands a reaction. Charles Foster sets out a powerful case that academic medical lawyers have elevated autonomy to a status it does not deserve in either ethical or legal terms. In a highly engaging, accessible account, he challenges many of the views which have become orthodox within the academic community. This will be a book which demands and will attract considerable debate.' Jonathan Herring, Exeter College, Oxford University 'This is a learned, lively and thought-provoking discussion of problems central to the courts' approach to ethical issues in medical law. What principles are involved? More significantly, which really underlie and inform the process of seeking justice in difficult cases? Charles Foster persuasively argues, and demonstrates, that respect for autonomy is but one of a number of ethical principles which interact and may conflict. He also addresses the sensitive issue of the extent to which thoughts and factors which go to influence legal decisions may not appear in the judgments.' Adrian Whitfield QC. 'Introducing the Jake La Motta of medical ethics. Foster is an academic street-fighter who has bloodied his hands in the court room. He provides a stinging, relentless, ground attack on the Goliath of medical ethics: the central place of autonomy in liberal medical ethics. This is now the first port of call for those who feel that medical ethics has become autonomized.' Julian Savulescu, Uehiro Chair in Practical Ethics, University of Oxford. This important book offers a robust challenge to anyone, whether lawyer or 'ethicist', who sees respect for autonomy as the only game in town. It argues eloquently and effectively that, on the one hand, despite the reverence paid to it by judges, in practice the law, even in the context of consent, weaves together a number of moral threads of which autonomy is merely one, in the pursuit of a good decision. It argues on the other hand, that were the day-to-day practice of law to be guided primarily by respect for autonomy, this would be wrong. Foster concludes that whilst, 'any society that does not have laws robustly protecting autonomy is an unsafe and unhappy one', so too would be a society in which too much emphasis was placed on respect for autonomy at the expense of other important moral principles. This is essential reading for anyone interested in the role of autonomy and indeed of medical ethics, in the law. Michael Parker, Professor of Bioethics, University of Oxford |
| medical law and ethics: Medical Ethics and Law Dominic Wilkinson, Julian Savulescu, Tony Hope, Judith Hendrick, BA, LLM, 2008-03-06 This is a short textbook of ethics and law aimed primarily at medical students. The book is in two sections. The first considers general aspects of ethics (in the context of medicine); the second section covers the topics identified in the 'consensus agreement'. The content of medical law is not intended to be comprehensive and relates very much to the ethical issues. The law will be updated throughout including: consent in light of Mental Capacity Act; mental health law in light of Mental Health Act; end of life (depending on outcome of Burke case and the passage of the Joffe Bill); assisted reproduction in light of expected changes in HFEA. New guidelines to be added: the guidelines and processes around medical research are under review and likely to develop and change; GMC guidelines are under continual revision (the Burke case in particular may have direct impact, but it is also likely that the confidentiality guidelines will undergo revision particularly in view of the increasing importance of genetic data). The new legal aspects outlined above will require some changes to the ethical analysis: the ethical issues of new technology will be included (cloning; transgenesis and chimera, i.e. forming organisms from more than one species) and stem-cells; resource allocation ethics is moving on to examining a wider range of issues than covered in the first edition and this will be discussed; the whole area of mental disorder and capacity to consent is an active area of ethical research and the second edition would cover some of this new work. |
| medical law and ethics: Medical Law Emily Jackson, 2016 Providing a clear and accessible guide to medical law, this work contains extracts from a wide variety of academic materials so that students can acquire a good understanding of a range of different perspectives. |
| medical law and ethics: Towards a Rhetoric of Medical Law John Harrington, 2016-09-13 Challenging the dominant account of medical law as normatively and conceptually subordinate to medical or bioethics, this book provides an innovative account of medical law as a rhetorical practice. The aspiration to provide a firm grounding for medical law in ethical principle has not yet been realized. Rather, legal doctrine is marked, if anything, by increasingly evident contradiction and indeterminacy that are symptomatic of the inherently contingent nature of legal argumentation. Against the idea of a timeless, placeless ethics as the master discipline for medical law, this book demonstrates how judicial and academic reasoning seek to manage this contingency, through the deployment of rhetorical strategies, persuasive to concrete audiences within specific historical, cultural and political contexts. Informed by social and legal theory, cultural history and literary criticism, John Harrington’s careful reading of key judicial decisions, legislative proposals and academic interventions offers an original, and significant, understanding of medical law. |
| medical law and ethics: Key Questions in Healthcare Law and Ethics Marc Cornock, 2021-03-03 By using a unique format made up of over 150 frequently asked questions and corresponding answers, Key Questions in Healthcare covers the what, why, where and how in legal and ethical issues related to healthcare. |
| medical law and ethics: Healthcare Research Ethics and Law Hazel Biggs, 2009-10-16 The book explores and explains the relationship between law and ethics in the context of medically related research in order to provide a practical guide to understanding for members of research ethics committees (RECs), professionals involved with medical research and those with an academic interest in the subject. Healthcare Research Ethics and Law sets out the law as it relates to the functions of Research Ethics Committees (RECs) within the context of the process of ethical review and aims to be accessible and readily understood by REC members. Each chapter begins by locating the material within the practical context of ethical review and then provides a more theoretical and analytical discussion detailing how the theory and practice fit together. The key legal issues of confidentiality, consent and negligence are addressed in detail, alongside practical guidance as to how and when liability may be incurred in these areas. In addition, the practical and legal implications of the implementation of European Directive 2001/20/EC, the Human Tissue Act 2004 and the Mental Capacity Act 2005 are considered alongside a discussion of their socio-political background and relevance for medical research in the UK. |
| medical law and ethics: Ethics and Law for the Health Professions Ian Kerridge, Michael Lowe, Cameron Stewart, 2013 Ethics and Law for the Health Professions is a cross-disciplinary medico-legal book, the first edition of which was widely used in the medical world. We believe it is also of immense use to the legal world when grappling with medico-legal issues. Its special features are its focus on a clinically-relevant approach and its recognition that health care professionals are often confronted with legal and ethical issues simultaneously. Health professionals have to satisfy both, and their legal advisers need to be aware of the dilemmas this can present. This book is careful to distinguish between ethics and law. Its chapters take account of all the health professions and their differing responsibilities, and the book covers a very wide range of the issues they face. |
| medical law and ethics: Medical Law and Ethics Bonnie F. Fremgen, 2008-02-01 |
| medical law and ethics: Key Questions in Healthcare Law and Ethics Marc Cornock, 2021-03-03 The perfect textbook for healthcare students who want a fresh, innovative way to understand how law and ethics relate to their studies, placements, and professional practice. By using a unique format made up of frequently asked questions and corresponding answers, Key Questions in Healthcare covers the what, why, where and how in legal and ethical issues related to healthcare. Its easy-to-use layout helps you quickly find informative yet straightforward answers to over 150 questions, helping you to feel confident in your legal and ethical knowledge, without leaving you overwhelmed or confused. All answers are written in-line with Nursing and Healthcare regulations and its conversational writing style will make you feel like you are talking with a lecturer, instructor, or knowledgeable colleague, rather than reading a textbook. The book is appropriate for all levels, from healthcare students in the initial stages of their education, to the advanced practitioner who wishes to refresh their knowledge, or maybe learn something new. |
| medical law and ethics: Everyday Medical Ethics and Law BMA Medical Ethics Department, 2013-03-25 Everyday Medical Ethics and Law is based on the core chapters of Medical Ethics Today, focussing on the practical issues and dilemmas common to all doctors. It includes chapters on the law and professional guidance relating to consent, treating people who lack capacity, treating children and young people, confidentiality and health records. The title is UK-wide, covering the law and guidance in each of the four nations. Each chapter has a uniform structure which makes it ideal for use in learning and teaching. 10 Things You Need to Know About... introduces the key points of the topic, Setting the Scene explains where the issues occur in real life and why doctors need to understand them, and then key definitions are followed by explanations of different scenarios. The book uses real cases to illustrate points and summary boxes to highlight key issues throughout. Whilst maintaining its rigorous attention to detail, Everyday Medical Ethics and Law is an easy read reference book for busy, practising doctors. |
| medical law and ethics: Medical Law Jonathan Herring, 2011-05-12 Written by a highly respected academic and experienced textbook author, Medical Law: Core Text provides a lively and engaging overview of the key topics of the medical law syllabus. |
| medical law and ethics: Medical Law & Ethics Shaun D. Pattinson, 2014 Medical Law and Ethics provides coverage of the major topics of medical law and ethics, combining detailed legal exposition and analysis with moral theory and philosophy. It considers the wider contextual pressures facing the law such as the impact of market forces and patient consumerism and the changing perceptions of medicine. This new fourth edition is the most significant revision of the book to date. |
| medical law and ethics: Legal Ethics Jonathan Herring, 2017 Jonathan Herring provides a clear and engaging overview of legal ethics, highlighting the ethical issues surrounding professional conduct and raising interesting questions about how lawyers act and what their role entails. Key topics, such as confidentiality and fees, are covered with references throughout to the professional codes of conduct. |
| medical law and ethics: Medical Ethics and Law Dominic Wilkinson, Jonathan Herring, Julian Savulescu, 2019-07-05 This short textbook of ethics and law is aimed at doctors in training and in practice. Medical ethics and law are now firmly embedded in the curricula of medical schools. The ability to make clinical decisions on the basis of critical reasoning is a skill that is rightly presumed as necessary in today's doctors. Medical decisions involve not only scientific understanding but also ethical values and legal analysis. The belief that it is ethically right to act in one way rather than another should be based on good reasons: it is not enough to follow what doctors have always done, nor what experienced doctors now do. The third edition has been revised and updated to reflect changes in the core curriculum for students, developments in the law as well as advances in medicine and technology. - The first part of the book covers the foundations of ethics and law in the context of medicine. - The second part covers specific core topics that are essential for health professionals to understand. - The third section of the book includes new chapters on cutting edge topics that will be crucial for the doctors and health professionals of tomorrow. - This new edition includes a new third section that provides an extension to the core curriculum focused on four key emerging topics in medical ethics – neuroethics, genethics, information ethics and public health ethics. - The chapters on Consent, Capacity and Mental Health Law have been extensively revised to reflect changes in legislation. Chapters on confidentiality and information ethics contain new sections relating to information technology, sharing information and breaching confidentiality. - Each chapter contains case examples drawn from personal experience or from the media. - This edition also includes cartoons to highlight cutting edge and topical issues. - Most chapters include revision questions and an extension case to encourage readers who are interested in a topic to explore further. |
| medical law and ethics: Medical Ethics, Law and Communication at a Glance Patrick Davey, Anna Rathmell, Michael Dunn, Charles Foster, Helen Salisbury, 2016-10-20 Medical Ethics, Law and Communication at a Glance presents a succinct overview of these key areas of the medical curriculum. This new title aims to provide a concise summary of the three core, interlinked topics essential to resolving ethical dilemmas in medicine and avoiding medico-legal action. Divided into two sections; the first examines the ethical and legal principles underpinning each medical topic; while the second focuses on communication skills and the importance of good communication. Medical Ethics, Law and Communication at a Glance offers an accessible introduction to the fundamentals of good medical practice, and will provide indispensable support for undergraduate medical students and nurses, as well as newly qualified healthcare professionals. |
| medical law and ethics: Public Health Law and Ethics Lawrence O. Gostin, 2010-06-02 Now revised and expanded to cover today’s most pressing health threats, Public Health Law and Ethics probes the legal and ethical issues at the heart of public health through an incisive selection of government reports, scholarly articles, and relevant court cases. Companion to the internationally acclaimed text Public Health Law: Power, Duty, Restraint, this reader can also be used as a stand-alone resource for students, practitioners, scholars,and teachers. It encompasses global issues that have changed the shape of public health in recent years including anthrax, SARS, pandemic flu, biosecurity, emergency preparedness, and the transition from infectious to chronic diseases caused by lifestyle changes in eating and physical activity. In addition to covering these new arenas, it includes discussion of classic legal and ethical tensions inherent to public health practice, such as how best to balance the police power of the state with individual autonomy. |
| medical law and ethics: Contemporary Issues in Healthcare Law and Ethics Dean M. Harris, 2014 Instructor Resources: Test bank, PowerPoint slides for each chapter and a model answer to each of the activities in the text. Contemporary Issues in Healthcare Law and Ethics, Fourth Edition, examines the most important legal and ethical issues in healthcare, and presents essential information that will help students learn to identify and tackle potential legal problems. This thoroughly revised edition includes new information and extensive updates on topics such as: The Patient Protection and Affordable Care Act (ACA), including legal requirements about health insurance and health reform The 2012 Supreme Court decision regarding the individual mandate to buy health insurance, the penalty for not having insurance, and the expansion of Medicaid Ongoing legal challenges to mandated contraceptive coverage and whether federal subsidies may be provided for coverage that is purchased through a federally operated exchange New legal obligations for tax-exempt hospitals under the ACA and federal regulations Important changes to Medicare and Medicaid Other changes to laws about abortion, physician-assisted suicide, privacy of medical information, and reform of medical malpractice laws. New to this edition are more activities that apply legal principles in the text to specific facts. Also, an in-text glossary has been added. |
| medical law and ethics: Law & Ethics for Medical Careers Carlene Harrison, Karen Judson, 2009-01-07 Law and Ethics for Medical Careers, Fifth Edition, provides an overview of the laws and ethics you should know to help you give competent, compassionate care to patients that is within acceptable legal and ethical boundaries. The text can also serve as a guide to help you resolve the many legal and ethical questions you may reasonably expect to face as a student and, later, as a health care practitioner. The text features pertinent legal cases, anecdotes, and sidebars related to health-related careers. Content has been updated and special attention has been paid to legislation affecting health care. |
| medical law and ethics: First Do No Harm Sheila McLean, 2006 This collection of essays from leading figures in the field of medical law and ethics is a lasting testimony to the work of one of the most eminent scholars in the area, Professor Ken Mason. The wide-ranging contents and the standing of the contributors mean that this collection will be an invaluable resource for anyone studying or working in medical law or medical ethics. |
| medical law and ethics: LAW and ETHICS for HEALTH PROFESSIONS 8E Karen Judson, Carlene Harrison, 2018-01-03 Law and Ethics for Health Professions explains how to navigate the numerous legal and ethical issues that health care professionals face every day. Topics are based upon real-world scenarios and dilemmas from a variety of health care practitioners. Through the presentation of Learning Outcomes, Key Terms, From the Perspective of, Ethics Issues, Chapter Reviews, Case Studies, Internet Activities, Court Cases, and Video Vignettes, students learn about legal and ethical problems and situations that health care professions currently face. In the eighth edition, chapter 3 contains an expanded section on accreditation of hospitals and other patient care facilities, and of health care education programs. Students also use critical thinking skills to learn how to resolve real-life situations and theoretical scenarios and to decide how legal and ethical issues are relevant to the health care profession in which they will practice. |
| medical law and ethics: Unlocking Medical Law and Ethics Claudia Carr, 2015 Unlocking Medical Law and Ethics will help you grasp the main concepts of Medical Law with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising. The information is clearly presented in a logical structure and the following features support learning helping you to advance with confidence: Clear learning outcomes at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Learning Points throughout each chapter allow you to progressively build and consolidate your understanding End-of-chapter summaries provide a useful check-list for each topic Cases and judgments are highlighted to help you find them and add them to your notes quickly Frequent activities and self-test questions are included so you can put your knowledge into practice Sample essay questions with annotated answers prepare you for assessment Glossary of legal terms clarifies important definitions This second edition has been updated to include discussion of recent changes and developments within the module, such as updated case law, including: Birmingham Children's NHS Trust v B 2014 EWHC 531; NHS Foundation Trust v A 2014 EWHC 920; A NHS Trust v DE 2013 EWHC 2562; Re P-M (Parental Order: Payments to Surrogacy Agency) 2013 EWHC 2328; R v Catt (Sarah Louise) 2013 EWCA 1187 and Doogan v Greater Glasgow and Clyde Health Board and others 2013 CSIH 36. The books in the Unlocking the Law Series get straight to the point and offer clear and concise coverage of the law, broken-down into bite-size sections with regular recaps to boost your confidence. They provide complete coverage of both core and popular optional law modules, presented in an innovative, visual format and are supported by a website which offers students a host of additional practice opportunities. Visit www.unlockingthelaw.co.uk for access to free study resources, including multiple choice questions, key questions and answers, revision mp3s and cases and materials exercises. Series editors: Jacqueline Martin LLM has over ten years' experience as a practising barrister and has taught law at all levels. Chris Turner LLM is Senior Lecturer in Law at Wolverhampton University and has taught law at all levels. |
| medical law and ethics: Legal and Ethical Aspects of Healthcare Sheila McLean, J. K. Mason, 2003-01-06 There can be few aspects of life which have altered so dramatically in the past few decades as the relationship between medicine and the law. Treatments become more and more sophisticated as each advance in medicine is made. At the same time, the legal and moral issues surrounding such treatments have multiplied and have become increasingly sensitive and complex. Introducing the reader to important topics which include genetics, consent, negligence, research, assisted reproduction and mental health, the book outlines what the current law is, why it is so and what it may become in the future. Legal and Ethical Aspects of Healthcare is written by a lawyer and a doctor, each with extensive practical experience in the field. It provides wide-ranging coverage of the most important ethical and moral issues that face healthcare professionals, lawyers and the general public alike and it offers a unique insight into the problems that healthcare providers and patients can be expected to encounter both today and in the future. All healthcare professionals at any level of training or practice, lawyers and interested members of the general public. Book jacket. |
| medical law and ethics: Great Debates in Medical Law and Ethics Imogen Goold, Jonathan Herring, 2018-03-22 This textbook is an ambitious and engaging introduction to the more advanced writings on medical law and ethics, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is not to present a complete overview of theoretical issues in medical law and ethics, but rather to illustrate the current debates which are currently going on among those working in and shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading. A perfect book for students taking a module in medical law, or for those wanting to deepen their knowledge. New to this Edition: - The Supreme Court decision in Montgomery receives extensive discussion and analysis - Recent developments on the best interests test under the Mental Capacity Act are explored - The latest case law on end of life decision making is set out - Debates over whether abortion should be decriminalised are examined - The Charlie Gard case is considered |
| medical law and ethics: Medical Law and Ethics in Hong Kong Abraham Wai, 2016 |
| medical law and ethics: Health Law and Medical Ethics in Singapore Gary Chan Kok Yew, 2020-12-27 This book encompasses two inter-related disciplines of health law and medical ethics applicable to Singapore. Apart from Singapore legal materials, it draws upon relevant case precedents and statutory developments from other common law countries and incorporates recommendations and reports by health-related bodies, agencies and committees. The book is written in an accessible manner suitable for tertiary students. It should also serve as a useful resource for medico-legal practitioners, academics and healthcare professionals who wish to keep abreast of the evolving legal and ethical developments concerning health and medicine. |
| medical law and ethics: Disability, Health, Law, and Bioethics I. Glenn Cohen, Carmel Shachar, Anita Silvers, Michael Ashley Stein, 2020-04-23 Examines how the framing of disability has serious implications for legal, medical, and policy treatments of disability. |
| medical law and ethics: Mason and McCall Smith's Law and Medical Ethics Graeme T. Laurie, Shawn Harmon, John Kenyon Mason, Gerard Porter, Alexander McCall Smith, 2016 This classic textbook has provided students of medical law and ethics with a framework for exploring this fascinating subject for over 30 years. This book provides extensive coverage and insight into recent judicial decisions and statutory developments across the United Kingdom alongside the authors' own opinion on current debates and controversies to help you to formulate your own views and arguments. The tenth edition has evolved to reflect changes in the law and shifting ethical opinions. In setting the UK context, it continues to take a comparative approach, including reference to the Scottish position where relevant. A specific chapter on the European dimension in health care and the particular importance attached to this shift in influence from transatlantic jurisdictions to those of the EU is included. Mason & McCall Smith's Law & Medical Ethics is essential reading for any serious medical law student or practitioner. Book jacket. |
| medical law and ethics: Beginning Medical Law Claudia Carr, 2015-02-11 Whether you’re new to higher education, coming to legal study for the first time or just wondering what Medical Law is all about, Beginning Medical Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Medical Law module with confidence. Adopting a clear and simple approach with legal vocabulary carefully clarified, Claudia Carr breaks the subject of Medical Law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence. Beginning Medical Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes. |
| medical law and ethics: Medical Law and Ethics Bonnie F. Fremgen, 2006 This overview of medical law and ethics is written in straightforward language fornon-lawyerhealthcare professionals who must be able to cope with multiple legal and ethical issues they encounter while working in a variety of settings--e.g., the medical office, hospitals, clinics, and skilled nursing facilities. It is designed to help them better understand their ethical obligation to themselves, their patients, and their employer.New to this edition are: Changes in Contract Law; Hiring Practices such as personnel policy manual, interview process, legal implications, sexual harassment, discrimination issues relating to selecting employees, incompetent and dishonest colleagues; Expanded coverage of Privacy Law and confidentiality - to cover more on confidentiality, HIPAA and other laws affecting the disclosure of personal information; Expanded coverage of Consent - to include more about informed and uninformed consent, problems when implementing consent, the right to refuse treatment. Also discussed are: Physician's Orders: what to do when the health care worker disagrees with the orders, what orders can be carried out with or without a written physician's orders; Malpractice Avoidance; and Truth-telling as in cases of patients who do not want to be told their diagnosis or families who do not wish to have the patient told. New to the End of Chapter activities include: Expanded Web Hunt exercises; Chapter Review fill-in-the-blank exercises to each chapter; and More Case Studies.For those in the allied health field in a variety of settings such as the medical office, hospitals, clinics, and skilled nursing facilities. |
Code of Medical Ethics | Ethical Guidance for Physicians | AMA
Nov 6, 2024 · The AMA Code of Medical Ethics and the AMA Journal of Ethics ® collectively underscore AMA’s commitment to promote the art of medicine and the betterment of public …
Medical laws and ethics: What to do when conflicts occur
Sep 14, 2018 · The Code ’s preamble tells physicians that “in some cases, the law mandates conduct that is ethically unacceptable. “When physicians believe a law violates ethical values or …
The top 10 most-read medical ethics articles in 2021
Dec 29, 2021 · The journal also invites original photographs, graphics, cartoons, drawings and paintings that explore the ethical dimensions of health or health care. Upvote. The most popular …
Medicine and the law: Important ethical questions | American …
Mar 8, 2016 · The March issue of the AMA Journal of Ethics explores key ethical concepts that determine the ways in which medicine and the law merge. Articles featured in this issue include: …
5 big medical court cases that made a difference this year
Dec 4, 2019 · A jury recently awarded $22,246 in economic damages and $9.25 million in past and future noneconomic damages to a plaintiff who tried this approach, with the court refusing to …
The 10 most-read medical ethics articles in 2022
Dec 8, 2022 · Get Started. Below, find the 10 most popular AMA Journal of Ethics articles published this year. “ Time for Dental Care to Be Considered Essential in US Health Care Policy ”. Training, …
The top 10 ethical issues medical students should be taught
Dec 4, 2023 · Involving medical students in patient care. “Having contact with patients is essential for training medical students, and both patients and the public benefit from the integrated care …
Ethics of Privacy, Confidentiality & Medical Records
Jul 22, 2024 · Patient privacy includes a number of aspects and is a pillar of health care. Ethics of privacy, confidentiality & medical records discusses patient confidentiality ethics. Download PDF …
Medical Ethics - American Medical Association
Jul 22, 2024 · Medical Ethics. Medical ethics provide physicians a moral framework for the practice of clinical medicine. Here's how the AMA is promoting awareness of, and adherence to, medical …
5 effective ways to teach ethics in med ed - American Medical …
Jun 3, 2015 · A recent report outlined the top ethics issues med students should learn. Because learning styles and institutional resources vary, the report urges educators to consider effective …
Code of Medical Ethics | Ethical Guidance for Physicians | AMA
Nov 6, 2024 · The AMA Code of Medical Ethics and the AMA Journal of Ethics ® collectively underscore AMA’s commitment to promote the art of medicine and the betterment of public health. The Code i ...Read More. is widely recognized as the most comprehensive ethics guide for physicians. The opinions in the address issues and challenges confronting the ...
Medical laws and ethics: What to do when conflicts occur
Sep 14, 2018 · The Code ’s preamble tells physicians that “in some cases, the law mandates conduct that is ethically unacceptable. “When physicians believe a law violates ethical values or is unjust, they should work to change in law,” the Code says. “In exceptional circumstances of unjust laws, ethical responsibilities should supersede legal duties
The top 10 most-read medical ethics articles in 2021
Dec 29, 2021 · The journal also invites original photographs, graphics, cartoons, drawings and paintings that explore the ethical dimensions of health or health care. Upvote. The most popular articles published this year in the AMA Journal of Ethics covered health equity, patient autonomy, Holocaust lessons, and more.
Medicine and the law: Important ethical questions | American …
Mar 8, 2016 · The March issue of the AMA Journal of Ethics explores key ethical concepts that determine the ways in which medicine and the law merge. Articles featured in this issue include: “How should clinicians treat patients who might be undocumented?”. Physicians should never discriminate against patients or violate patients’ legal rights.
5 big medical court cases that made a difference this year
Dec 4, 2019 · A jury recently awarded $22,246 in economic damages and $9.25 million in past and future noneconomic damages to a plaintiff who tried this approach, with the court refusing to apply limits set in California’s Medical Injury Tort Compensation Reform Act. The physician defendant is appealing the ruling and the Litigation Center of the American ...
The 10 most-read medical ethics articles in 2022
Dec 8, 2022 · Get Started. Below, find the 10 most popular AMA Journal of Ethics articles published this year. “ Time for Dental Care to Be Considered Essential in US Health Care Policy ”. Training, service delivery, and financing are done separately in dentistry and general health care, which has influenced reimbursement structures, access to services ...
The top 10 ethical issues medical students should be taught
Dec 4, 2023 · Involving medical students in patient care. “Having contact with patients is essential for training medical students, and both patients and the public benefit from the integrated care that is provided by health care teams that include medical students,” the AMA Code of Medical Ethics says. “However, the obligation to develop the next ...
Ethics of Privacy, Confidentiality & Medical Records
Jul 22, 2024 · Patient privacy includes a number of aspects and is a pillar of health care. Ethics of privacy, confidentiality & medical records discusses patient confidentiality ethics. Download PDF resources to ensure that patients have meaningful controls over and a clear understanding of how their health information data is being used.
Medical Ethics - American Medical Association
Jul 22, 2024 · Medical Ethics. Medical ethics provide physicians a moral framework for the practice of clinical medicine. Here's how the AMA is promoting awareness of, and adherence to, medical ethics. Follow Topic.
5 effective ways to teach ethics in med ed - American Medical …
Jun 3, 2015 · A recent report outlined the top ethics issues med students should learn. Because learning styles and institutional resources vary, the report urges educators to consider effective methods that transcend basic instruction. Here are five that were suggested. The Romanell Report on ethics education discusses five effective ways to teach ethics in medical education. …
