Basics Flashcards
what is the difference between law and ethics
ethics is about how we humans should live together and what obligations we have to each other what is right
law is the way society regulates peoples behaviour and enforces morality
what is civil law
governs relationships between individuals and society ie a member of the public burins a case against another person or organisation
how does civil law affect the law of contract
applies to private practise but not to the NHS as it is not contractual
how does civil law affect negligence
doctors may be charged fro negligence which means they will not be charged as criminals but it can amount to a criminal act - usually if guilty there will only be charges to pay
how does civil law affect battery
battery is the intentional touching of a person without lawful justification ie a surgeon operating without patient consent t
what is criminal law
designed to prevent certain types of behaviour that society has decided to outlaw
what is the relationship between criminal law and civil law
civil deals with wrong against an individual where criminal is agains the community
medical negligence can be tried under both types of law depending of the severity
what is statute law
when a law is passed by parliament it is called an act of parliament - this law acted upon by the GMC and BMA
which has more power statute law or case law
new statute laws override case law
what is case law
case law is decided by judges on how similar points of law were decided in other cases - case law is not fixed but can be used as a general guide
