Medical ethics and law are two interrelated disciplines which overlap yet they are distinct and possess unique parameters. For instance, the concept of respect for independence in ethics finds its expression in law as individual liberty which is guaranteed in the Constitution. It is on this background that this paper seeks to compare and contrast the two disciplines so as to highlight the similarities and differences that exist between them.
In medical practice, a number of issues emerge some of which involve and indeed necessitate the need for consultation of the medical personnel with lawyers and medical ethicists. Medical ethics encompasses the methodology which lays emphasis on what needs to be done and what needs not be done in the discharge of medical function by medical practitioners. Further, medical ethics considers implications that medical technologies and treatments pose to the persons treated. On the other hand, law constitutes established and accepted social rules of conduct, a violation of which attaches either civil or criminal liability on the person concerned. As evident in the definition, both law and medical ethics concerns themselves with regulation and correct practice of the medical practice in a way that brings utility to the consumers of the product-usually patients. In most health institutions, there are in-house medical ethicists who provide patients, health care personnel and caregivers with assistance for difficult issues that arise in medical care. Indeed, some of the health institutions have set up ethics committee which is charged with setting and reviewing various ethical issues in institutions. Similarly, most health care institutions also have a legal department which is concerned with legal issues that emerge to ensure that institutions meet their legal obligations.
Whilst comparing the two disciplines, it is essential to examine the sources from where these disciplines obtain their regulations. Medical ethics and norms derive from institutional practices, fiduciary obligations, policies of professional bodies, and the law. On the other hand, law derives from statutes, case law and he Constitution among other subsidiary legislation. It is, therefore, the case that ethics do overlap with the law.
However, it is clear that medical ethics are distinct from law in a number of ways. Though ethics derive from the law thus showing an interrelationship, it is instructive that medical ethics consist of a professional analytical approach to medical issues and policies. Another distinction between medical ethics and the law or legal issues is that medical ethics have no legal force. Essentially, it implies that one cannot face legal sanctions for failing to adhere to ethical practices. Ethics refer to what is right or wrong. This is at times not the concern of the law. Indeed, the law in particular cases permits immoral activities and those that may appear unethical such as prostitution or adultery. This translates to the point that a violation of ethical policies and practices do not attract civil or criminal liability. Nonetheless, it is essential to note that both law and medical ethics have a similarity in that though a violation of ethics does not result in attachment of legal liability, failure to adhere to both may result in disciplinary proceedings such as dismissal. More so, law is usually an expression of values in social rules and, therefore, defines what people have to. On the other hand, ethics refer to identification of values of what ought to be rather than what has to be done.
Laws are a reflection of the concept of what is right or wrong according to citizens of a particular country while the kernel of ethics turns on people’s or society’s sense of what is right or wrong. Another significant contrast between ethics and laws is that laws are written regulations that have gone through a system of government process and voted upon by officials or the people themselves on the enactment of the constitution. On the other hand, medical ethics are a loosely conceived element that entails a sense of what is right or wrong with regard to proper conduct. In addition, medical ethics are essentially riles of conduct that portend how the society expects people to behave and act as the guiding principles that inform the enactment of laws. They emanate from particular persons’ moral sense and desire to preserve their self-respect. Law is created and further enforced by the government so as to protect its citizenry and regulate the relationships of people towards each other.
A good manifestation of the conflict that subsists between ethics and law in medical practice is where ethics require the preservation of confidential information about patients and which are further anchored in the law such as by the law of contracts, negligence and defamation. Nonetheless, some of the time, law compels the disclosures of confidential information contrary to ethical principles. Some of these instances may entail information about a patient’s unlawful conduct or risk of spread of HIV or other infectious diseases. As a result, questions constantly arise as to the extent to when medical practitioners are ethically justified in allowing the breach of the confidentiality obligation as afforded by law.
References
Duzinski, D., Hebert, P., Foglia, M., & Gallagher, T. (2010). The Disclosure Dilemma-Large Scale Adverse Events. The New England JJournal of Medicine, 978-984.
Jacob, S., Decker, D., & Hartshone, T. (2010). Ethics and Law for School Psychologists. New York: Wiley.
Mello, M., Goodman, S., & Faden, R. (2012). Ethical Considerations in Studying Drug Safety-The Institute of Medicine Report. The New Enland Journal of Medicine, 959-964.
