WHO'S IN CHARGE? THE RELATIONSHIP BETWEEN MEDICAL LAW, MEDICAL ETHICS, AND MEDICAL MORALITY?

This article seeks to identify a 'problem' in the interaction between medical law and ethics, which is that neither fully appreciates how the other works. In particular, it argues that medical law has not only failed to formulate a consistent conception of the role that medical ethics performs, but it does not adequately differentiate between categories of medical ethics discourse. Consequently, the ethical content of a case, if identified at all, will not be dealt with in a consistent manner. The article further argues that medical ethics does not recognize the power that law gives to it, and that the result is a regulatory vacuum. It then uses the findings of the Bristol Royal Infirmary Report to demonstrate, by analogy, how this may lead to problems.

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Medical Law and Medical Ethics

10.1017/cbo9781139057790 ◽

2014 ◽

Cited By ~ 7

Author(s):

Nils Hoppe ◽

José Miola

Keyword(s):

Medical Ethics ◽

Medical Law

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Medical ethics and medical law: can you put it into practice?

Clinical Ethics ◽

10.1258/ce.2010.010022 ◽

2010 ◽

Vol 5 (3) ◽

pp. 115-117

Author(s):

Simon Walton

Keyword(s):

Medical Ethics ◽

Medical Law

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The loved ones: families, intimates and patient autonomy

Legal Studies ◽

10.1111/j.1748-121x.2003.tb00217.x ◽

2003 ◽

Vol 23 (2) ◽

pp. 332-358 ◽

Cited By ~ 8

Author(s):

Katherine O'Donovan ◽

Roy Gilbar

Keyword(s):

Medical Ethics ◽

Genetic Information ◽

Patient Autonomy ◽

Medical Law ◽

Central Values ◽

Patients Rights ◽

Law And Ethics ◽

The Family ◽

Legal Position ◽

The Individual

Patient autonomy is one of the central values in medical ethics. It is generally understood as recognition of patients' rights as free individuals answerable only to themselves. This emphasis on the individual leaves open the question of the position of the patients' ‘loved ones’, that is of families and significant others. The authors examine this question in three areas of law and medical ethics. Organ donation offers an example of preference given by medical ethics to family views, notwithstanding an expressed wish of the deceased to donate, and the legal position protecting such a request. Decisions concerning the treatment of incompetent patients illustrate consideration for the family in medical ethics, but hesitations in both law and ethics in accepting family views once expressed. And the tension between the interests of patients and family members over the access to genetic information usually results in respecting the patient's right to confidentiality. This individualistic perception of autonomy, as adopted by medical law, overlooks the patient's relationships with others and is too narrow to face the complexities of human lives.

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Medical Humanities

User-Driven Healthcare and Narrative Medicine ◽

10.4018/978-1-60960-097-6.ch016 ◽

2011 ◽

pp. 210-227 ◽

Cited By ~ 4

Author(s):

P. Ravi Shankar

Keyword(s):

Medical Ethics ◽

Medical Humanities ◽

Medical Schools ◽

Developing Nations ◽

The Arts ◽

Ethics Teaching ◽

The Subject ◽

Definition Of ◽

Developed Nations ◽

The Relationship

Medical Humanities (MH) provide a contrasting perspective of the arts to the ‘science’ of medicine. A definition of MH agreed upon by all workers is lacking. There are a number of advantages of teaching MH to medical students. MH programs are common in medical schools in developed nations. In developing nations these are not common and in the chapter the author describes programs in Brazil, Turkey, Argentina and Nepal. The relationship between medical ethics and MH is the subject of debate. Medical ethics teaching appears to be commoner compared to MH in medical schools. MH programs are not common in Asia and there are many challenges to MH teaching. Patient and illness narratives are become commoner in medical education. The author has conducted MH programs in two Nepalese medical schools and shares his experiences.

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Feminism, Ethics of Care, and Medical Ethics

Philosophical Foundations of Medical Law ◽

10.1093/oso/9780198796558.003.0003 ◽

2019 ◽

pp. 26-45

Author(s):

Jonathan Herring

Keyword(s):

Medical Ethics ◽

Intellectual History ◽

Ethics Of Care ◽

Medical Law ◽

Law And Ethics ◽

Bioethical Issues ◽

Definition Of

This chapter explores the nature of ethics of care, which has become a highly influential approach to ethical questions. It summarizes its intellectual history and provides a definition of the concept of care. It then sets out the main themes of the approach and considers some of the objections that have been raised to it. The chapter provides some examples of ways in which ethics of care could be used to resolve difficult issues that arise in medical law and ethics. It also explores other feminist approaches to bioethical issues and the significance of ethics of care for medical law.

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