Introduction to law and ethics Flashcards
Why is the law relevant in medicine?
law and professional rules regulate ALL medical practice
What is one of the main sources of professional regulation?
GMC - however, they are a variety of sources of rules
What are the two professional codes of ethics?
GMC
Royal colleges
What are the two different types of law?
Common law: develops case by case and is made by judges
e.g. negligence- clinical malpractice, failure to obtain consent properly
Statutory law: made by parliament
e.g. section 49 of the medical act 1983
Who do Doctors in the UK need to be registered with?
GMC- need to follow GMC’s code of conduct “Good medical practice:duties of a doctor”
What are the 2013 principles of good medical practice?
- knowledge, skills and performance
- develop, maintain, apply and accurately record - safety and quality
- contribute, comply with systems to protect patients, respond to safety risks, protect patients and colleagues - communication, partnership and teamwork
- includes teaching activities, partnerships with patients - maintaining trust
- show respect for patients, treat patients and colleagues fairly, act with integrity and honesty
In terms of the GMC’s “tomorrow’s doctors” what responsibility do medical students have?
starts from undergraduate training to first year of training after education
105. students must accept the responsibility for their own learning, including achieving the curricular outcomes in this guidance
- As future doctors, student should follow the guidance in GOOD MEDICAL PRACTICE from their first day of study, and understand the consequences if they fail to do so.
What must a medical student do if they are concerned about patient safety?
Students must appreciate the importance of protecting patients, even if this conflicts with their interests of those of friends or colleagues. If students have concerns about patient safety, they must report these to their medical school
What is the difference between crime and civil wrong?
Crime = wrong against the state
Civil wrong= private dispute between private individuals
What is common law?
It is law made by judges in cases- judicial precedent
Similar cases are decided alike
Develops case by case
What is statutory law?
Law made by parliament
Parliament is the supreme law maker- parliament made the GMC therefore GMC is accountable to parliament and decisions are subject to judicial review
What are legislations?
Acts of parliament EXAMPLES: NHS and community care act 1990 Abortion act 1967 Human rights act 1998
What is the hierarchy of criminal courts?
Supreme court (house of lords) - court of appeal (criminal division) - crown court - magistrates
What is the hierarchy of supreme court?
House of lords - court of appeal (civil division) which is split into high court and county court
What are the key features of ethics?
Duties- moral, legal, professional
Consequences - seen and unforseen
Character - what motivates us