Medical Law & Ethics

Law and ethics guide right conduct in health care.

• Law is a set of enforceable rules; ethics are moral principles guiding behavior.
• Bioethics applies ethics to medicine and biology (e.g., cloning, end-of-life care).
• Core principles: autonomy (patient choice), beneficence (do good), nonmaleficence (do no harm), and justice (fairness).
• Professional codes of ethics (e.g., the Hippocratic Oath) set standards.

Health professionals work within a framework of laws and liability.

• Tort law covers civil wrongs; negligence is failing to meet the standard of care, and malpractice is professional negligence.
• The "four Ds" of negligence: duty, dereliction, direct cause, and damages.
• Standard of care is what a reasonable professional would do in similar circumstances.
• Proper documentation and scope of practice protect against liability.

Patient rights and consent govern the delivery of care.

• Informed consent requires explaining risks, benefits, and alternatives before treatment.
• Confidentiality is protected by HIPAA; the medical record is a legal document.
• Advance directives (living wills, health-care proxies) state a patient's wishes.
• Patients have the right to refuse treatment and to privacy.

Modern medicine raises difficult ethical questions.

• End-of-life issues include DNR orders, palliative care, and physician-assisted death.
• Reproductive issues cover fertility treatment, genetic testing, and abortion.
• Genetic and research ethics address privacy, cloning, and clinical trials.
• Organ donation and allocation raise questions of fairness and consent.