ETHICS AND THE LAW
Posted by recep on March 26th, 2009Although physicians may wish they could resolve difficult problems simply by asking if a course of action is legal, the law is not so directive (see also Ch. 108). Only a few actions (such as violent killing and fraud) are always wrong, and only a few (such as informing a patient and referring to another well-qualified physician for consultation) are always legally safe. Nearly everything else is sometimes protected, sometimes penalized, and often ambiguous. Ethical questions are often emotionally charged, and legal precedents may conflict or be ambiguous in their application to a particular case.
With any difficult issue, disagreement arises as to what is unreasonable behavior, and legal developments reflect the disagreement. However, one generalization currently holds true in the USA: What is considered by professionals and society to be the best medical and ethical practice has usually been upheld when tested in court. In other words, if a physician proceeds with due care, thorough documentation, and an understanding of the local legal risks, legal considerations will not interfere with good medical and ethical practice. Physicians should learn from reliable sources about the law that affects their practice.
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