Law in Medicine

Question 1

What are the key issues of medical law?

Answer 1

• consent – respect for autonomy
• acting in accordance with professional standards
• what to do when things go wrong
• protecting patient confidentiality
• acting in the best interests of vulnerable patients – children, those lacking mental capacity & people with mental illness

Question 2

Describe the tumultuous relationship between ethics and law.

Answer 2

What’s lawful is not necessarily ethical, and what’s ethical is not necessarily lawful.

Question 3

Give an example of a case that’s ethical, yet unlawful.

Answer 3

While ‘mercy killing’ may be considered humane, it’s still murder. One man’s conscientious objection and refusal to treat may be another’s dereliction of duty.

Question 4

A patient’s decision must always be respected, except under which circumstances?

Answer 4

As long as mental capacity is not in question and the patient, having been given the relevant information and offered the available options, chooses to refuse the treatment, that decision has to be respected by the doctors.

Question 5

What does the Suicide Act of 1961 state concerning assisted suicide?

Answer 5

A person who aids, abets, counsels or procures the suicide of another, or an attempt by another to commit suicide, shall be liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

Question 6

What are medico-legal cases about?

Answer 6

• professional standards
• resolution of disputes
• ethical dilemmas
• remedy following error

Question 7

What is the purpose of the law?

Answer 7

• to establish and define standards of acceptable behaviour (e.g. respect for autonomy)
• to maintain standards and punish ‘offences’
• to protect the vulnerable (e.g. certain ‘consent’ cases must come before a court)
• above all - to achieve the resolution of disputes