In its simplest context, law can be defined as enforced rules devised by the State to govern the behavior of its members for the mutual benefits of all. Thus, in medicine, it is imperative that both medical law and ethics be upheld because, despite their distinctive roles, they overlap in many areas, and it is indeed difficult to dissociate the legal and ethical basis of the professional duties of the medical practitioners
Introduction
In its simplest context, law can be defined as enforced rules devised by the State to govern the behavior of its members for the mutual benefits of all. Thus, in medicine, it is imperative that both medical law and ethics be upheld because, despite their distinctive roles, they overlap in many areas, and it is indeed difficult to dissociate the legal and ethical basis of the professional duties of the medical practitioners. For example, both law and medical ethics address to issues of confidentiality, euthanasia, abortion, use of dangerous drugs, and medical malpractice (Flight, 137).
Medical law and ethics has developed over the recent years into a well based discipline, which acts as a bridge between theoretical bioethics and the bedside. The goal is to ultimately improve the quality of patient care by distinguishing, analyzing, and attempting to resolve the ethical problems that occur in practice. In addition to the moral obligations, doctors are also bound by laws and official regulations, which structure the legal framework regulating medical practice. It is currently a universal agreement that legal and ethical considerations are intrinsic and inseparable parts of good medical practice across the whole spectrum. The order of law and ethics in medical practice overlap in many areas and yet each has its inimitable parameters and distinct focus. Law and medical ethics are both dynamic and are in a constant state of change with time due to changing circumstances and societal values (Flight, 257).
Thus, new legislation and court decisions give rise to changes of the law and new ethical issues emerge in response to challenges created by new technology, law or other influences. There is a wide difference in law from country to country because of factors regarding religion, culture, traditions, political systems and social standards. It is also crucial to remember that the scope of law and ethics in medical practice is also expanding all the time. Any attempt in listing out the core topics can neither be complete nor prescriptive. Some topics are of interest to doctors of all specialties, whilst some topics are more important to particular specialties.
The daily practice of health care delivery, not only by the practitioners, but by all those included in the profession, is entirely based upon a rapport of mutual trust involving patients and health care providers. Patients pose a right to expect that information about them will be held in confidence by health care practitioners. Confidentiality is central to trust between practitioners and patients. Without assurances about confidentiality, patients may be reluctant to give practitioners the information they require to provide good care. The word profession can be defined as, a devotion, pledge or commitment publicly made.
To qualify as a good health care practitioner, entails a life-long dedication to sound professional and ethical practices, and a prevailing devotion to the wellbeing of fellow human beings and, generally, the society at large. Inside the structure of professional morals, examining the code of confidentiality translates to keeping information provided by or about an individual in the course of a professional association sheltered and secret from others. The requirement to uphold confidentiality does not usually end with the individual's death.
Frequently asked questions
What is the basic definition of law according to this text?
Law, in its simplest context, is defined as enforced rules devised by the State to govern the behavior of its members for the mutual benefits of all.
Why are medical law and ethics important in medicine?
Medical law and ethics are imperative in medicine because, despite their distinctive roles, they overlap in many areas, making it difficult to dissociate the legal and ethical basis of medical practitioners' professional duties. Issues like confidentiality, euthanasia, abortion, drug use, and malpractice are addressed by both.
How have medical law and ethics developed?
Medical law and ethics has developed into a well-established discipline that bridges theoretical bioethics and bedside practice. The goal is to improve patient care by identifying, analyzing, and resolving ethical problems that arise in practice.
Are doctors only bound by moral obligations?
No, doctors are bound by both moral obligations and laws and official regulations, which form the legal framework regulating medical practice.
Are legal and ethical considerations constant?
No, both law and medical ethics are dynamic and constantly changing with time due to changing circumstances and societal values. New legislation, court decisions, and technological advancements contribute to these changes.
Does law vary from country to country?
Yes, there is a wide difference in law from country to country due to factors such as religion, culture, traditions, political systems, and social standards.
Is the scope of law and ethics in medical practice expanding?
Yes, the scope of law and ethics in medical practice is continuously expanding, making it difficult to create an exhaustive list of core topics.
What is the foundation of daily healthcare practice?
The daily practice of healthcare delivery is based on a rapport of mutual trust involving patients and healthcare providers.
Why is patient confidentiality so important?
Confidentiality is central to trust between practitioners and patients. Without assurances about confidentiality, patients may be reluctant to provide the information needed for good care.
What does it mean to be a good healthcare practitioner?
Qualifying as a good healthcare practitioner entails a life-long dedication to sound professional and ethical practices, and a prevailing devotion to the wellbeing of fellow human beings and society at large.
How does confidentiality apply to information about an individual?
Confidentiality means keeping information provided by or about an individual in the course of a professional association sheltered and secret from others. This obligation often extends beyond the individual's death.
Who is owed confidentiality?
Confidentiality is owed equally to mature and immature minors, adults who cannot make decisions on their own, fellow experts, and students studying to enter the profession.
What forms of communication are subject to confidentiality?
Confidentiality applies to any form of communication that can be linked to a specific individual, including spoken words, written documents, digital data, and videotapes.
How can healthcare practitioners avoid unintentional disclosures?
Healthcare practitioners are advised not to discuss patient information where it can be overheard or leave patient records vulnerable to disclosure, whether on paper or electronically. Efforts should be made to ensure that consultations with patients are private.
- Citar trabajo
- Dr. Mohamed Sood (Autor), 2013, The Confidentiality Rule for Patients, Múnich, GRIN Verlag, https://www.grin.com/document/215959
