Medical Laws and Ethics

This article is written by Naman Jain of Galgotia’s University, an intern under Legal Vidhiya

Introduction

Legal and ethical Considerations are essential for medical practice Plan patient care with progress the complexity of medicine and law the framework of modern society is also increasing Changes in perceptions of human rights and moral principles Across the community, physicians and other health care providers Workers are also often in difficult situations problem on many fronts that comes from daily practice. There are many examples, such as the obligation to respect information Consent, truth, breach of confidentiality, disclosure Prevention of medical errors, distribution of scarce medical resources, Biomedical research, organ donation, etc. Anxiety among medical professionals is on the rise in the society in the increasing trend with Complaints and complaints from doctors of bitterness The experience of many doctors involved in I have filed complaints and complaints in the past, many of which Due to the lack of communication between the doctor and the patient Inadequate skill or ability to understand and solve clinical dilemma Medical ethics has become a well-grounded discipline Acting as a bridge between theoretical bioethics and beside the bed. Our goal is to improve quality Patient care by identification, analysis and effort Solving moral issues that arise in practice. In addition to our ethical obligations, physicians are also bound According to the official law and regulations, A framework for regulating medical practice. it is now Universal consensus on legal and ethical considerations an essential and integral part of good medicine Practice across the spectrum. Law and ethics in medical practice overlap in many areas However, each has its own parameters and focus.

What Are Medical Ethics?

There is no universal definition of medical ethics and it is often very difficult to describe. A broad interpretation may imply a moral obligation rather than a legal obligation that physicians must follow.

Medical law is admittedly very confusing and is made up of parts of many areas of law, including criminal law, human rights, tort law, contract law and family law. Medicine will change a lot. Rapid advances in science mean that lawyers and ethicists are constantly being asked to confront new problems. There were many laws and regulations such as family planning policies, surrogacy bills and abortion and gender testing laws related to medical laws. But the issues they raise are not just liberal or conservative.

It is undeniable that everyone initially has certain moral obligations towards others who may conflict with the law. For example, everyone is obliged not to lie, to avoid harm and not to steal. However, medical professionals have certain ethical obligations due to their profession. These responsibilities are tied to our roles as doctors, therapists, nurses, etc.

These special obligations are expressed through codes of professional ethics, principles of biomedical ethics, the concept of trust relationships, a rich description of virtues, and the obligations inherent in the doctor-patient relationship.

Legal and Ethical Regulations of Medical Practice in History

In ancient Egypt, medical practice was subject to law limitations. The right to practice was limited to members of a certain class and all doctors had to learn and follow the perceptions established by their predecessors Apparently it was to protect the public from quackery. The doctor’s fees were paid by the state. If unsatisfactory results followed treatment which he left the orthodox, responsible doctor would face a punishment that could be very severe. There were also similar legal restrictions on the practice of medicine found in other early civilizations such as Babylon and India. Throughout human history, medical legislation has constantly evolved to regulate practice medicine. The basic goal is to secure standards of the medical profession and protect the public against unqualified drug dealers who would be as harmful to the community as other criminals. The Justinian’s Code of the Byzantine Empire in AD 529 is probably the earliest codex found to contain the clauses require education and proof of eligibility doctors with examinations. He also limited the number doctors in every city and punishments were given for its negligence of duty of care. They were well established here by the 12th century of medical legislation in Italy, namely the edict of Roger I from Sicily in 1140 and Frederick II. of 1224, prescribe organized medical education, set up courses, exams and qualifications.

Meaning of Law and Medical Ethics

 The law can be defined as implemented rule devised by a government to govern its conduct. Member for all mutual benefits compliance with Laws must be guaranteed by some kind of sanction Addressing lawbreakers in addition to laws General public, doctors are subject to certain restrictions The rules stipulated in the law and professional regulations an act prescribed by a regulatory official; That is, medical councils and administrative statutes It is set by the institution. Together they make up the law Medical Practice Framework, Violations which may result in criminal or civil liability or disciplinary action. In addition to legal obligations, there are also expectations Social and professional goals for doctors It is based on self-evident and long-established moral principles Values ​​that define the ethical framework of medicine Education. Medical ethics can be defined as self-imposed the voluntary code of conduct is accepted in medical institutions A job that depends on the job Conscience and moral values Both law and medical ethics are dynamic. A constant state of change over time due to change social conditions and values. Thus, the new lawcourt decisions change the law. New ethical issues arise in response to challenges Created by new technology, legislation, or other influences. There is Laws vary greatly from country to country According to religious, cultural and traditional factors, Political system and social standards.

Fundamental Principle in Medical Ethics

Medical ethics is an applied ethics that includes examining specific controversial issues such as abortion, breach of confidentiality, end-of-life care, allocation scarce medical resources. The goal is to try to identify yourself the given issue, analyze it with reasoned thoughts and arguments and arrive at a viable and morally acceptable one resolution for it. In the field of medical practice, yes difficult to follow rules or principles that are absolute in looking at the many variables that exist in context clinical cases as well as new problems that arise as a result changing circumstances and beliefs. However, the endears, there are certain basic principles which gained general recognition as signposts in moral analysis of ethical dilemmas in medicine. The basic principles that apply to medicine in general or health care in general are:

• respect for the patient autonomy;
• the principle of nonmaleficence, i.e., duty to avoid harm or injury to patients;
• principal charity, i.e., the duty to do good to one’s patients, relieve their pain and suffering and save life if you can; and
• the principle of fairness and acting fairly. Values ​​that include four basic the principles of medical ethics are self-evident.

They are considered as prima facie duties of the doctor towards the patients and society. It is necessary for the doctor to take them all considered when applicable to a clinical casein regard. Not infrequently, when two or more principles apply, they may conflict. For example, decision to operate on a case of acute appendicitis involves at least two competing prima facie obligations part of the doctor. At one end, the doctor is obliged they provide the patient with the greatest benefit from their performance immediate appendectomy. At the other end of the operation and general anesthesia carries risks and the doctor is under duty to avoid causing harm to the patient. The resolution adopted must be based on a balance between the requirements of competition principles by establishing which has more weight in a specific case. In case of appendicitis, generally accepted rationale number think the patient is at much greater risk of harm from a ruptured appendix, if the doctor does not intervene, than from surgery and anesthesia if the doctor proceeds on operation.

Medical Ethics Under Medical Council Act

In 1993, the Indian legislature passed the Medical Council of India Act, 1933 and repealed it by passing a new law, the Medical Council of India Act, 1956. This law has been passed and is being implemented all over India. In addition, there is the possibility of conviction by criminal courts for crimes including ethical violations. The Medical Council Act provides: Professional advertising as illegal specifically or indirectly by a doctor or group of doctors or by an institution. or forum, asking patients to do this is imprudent.

Recently, the commercialization of the medical sector has reduced self-management practices in the profession. There have been reports of exploitative medical practices, abuse of markup systems, and booking discounts for the purchase of human organs. This requires external orientation and improved self-control. Coordination between government and business is alarmingly business-friendly.

Critical Analysis

A person who only follows the law and does not pay attention to professional ethics can cause the loss of professional integrity. As healthcare becomes more complex, patients become more dependent on their healthcare professionals. Even the Internet can be inaccurate or prone to misinformation that can lead to further complications, disrespect and loss of patient trust. This distrust of a doctor can lead to distrust of the entire profession. Simply understanding the principles and applying them in a naive way can lead to unsophisticated thinking. There are often conflicts between principles and there may be cases where compliance with one principle requires violation of another principle. For example, a conflict of principles occurs when a particular treatment is absolutely necessary and dangerous to save the patient’s life, but the patient is unconsciously unable to consent.

Critics of the fiduciary model say that the “doctors know best” axis has weakened in recent years. The argument put forward for this is that doctors are now involved in the profession with money instead of caring for patients.

Conventional approaches do not acknowledge the fact that patients sometimes fail to provide accurate knowledge, which can lead to inappropriate treatment by physicians. The most important treatments include stinging, even if it’s just a pinprick. So, telling doctors to harm them is counterproductive. Also, the perspective of the analysis can change the perception of benefits.

Conclusion

Medical law is certainly an ever-evolving field, and new developments make a doctor’s job both harder and easier. It modifies the child’s genes and helps to produce the desired children. How ethical is it to use the power of nature? Some claim it can help cure disease and increase mortality. Even the dynamic of the physician-patient relationship is changing, and guidance on how to behave ethically often requires more from physicians than compliance with the law. While there may be tensions, disagreements, and similarities between ethical responsibilities, the physician’s duty Is. Follow the rules and professional ethical guidelines. Even if the physician finds compliance with the law difficult, compliance with the law is not voluntary, perhaps because it appears to conflict with his or her moral beliefs.

Therefore, many practitioners now follow a pragmatism that seeks to develop a method that moves away from practical experience and creates an approach based on real life. Among pragmatists, we are not concerned with grand moral theories, but rather with real-world problems faced by patients and medical professionals. It is not a matter of the philosophers’ complex statements, but how they see, understand and interpret things. Anyway, the realm of medical law and ethics is actually a complex and difficult concept for everyone to understand and formulate because people have different opinions, concepts and interests in their lives, but there is hope for experts and thinkers. That will be better in the future. An approach that will be acceptable to all may be implemented, but until then, human lives are being lost, we need to be aware of actions around the world. take stock

Case Law

1. When you think of landmark judgments in medical malpractice cases, the first judgment that comes to mind is one of the highest profiles, most talked about cases with the highest compensation ever awarded. KUNAL SAHA VS AMRI AIR 1969, SC 128 (Institute of Advanced Medical Research), better known as Anuradha Saha’s case, was filed in 1998 by Kolkata-based AMRI Hospital and three doctors namely Dr. Sukumar Mukherjee, Dr. Baidyanath Halder and Dr. Balram reported. Prasad. To put it simply, my wife suffers from drug allergy and the doctor neglects to prescribe the drug and worsens the patient’s condition and eventually leads to his death. Briefly, these were the facts and circumstances of the case. In this case, the final judgment was issued by the Supreme Court and about 608 million compensation was determined for the death of his wife.
2. In the case of KRISHAN RAO VS NIKHIL SUPER SPECIALTY HOSPITAL 2010, AIR 1989 SC 1570, Krishna Rao, an employee of the malaria department, filed a suit against the hospital for negligence in treating his wife. His wife was treated for typhoid instead of malaria because of the wrong medicine the hospital had given her. Eventually, a verdict was handed down and Rao was awarded a compensation of Rs 2 lakh. In this case, the lesser principle of ipsa loquita (something speaks for itself) was applied and compensation was awarded to the plaintiff.

• APARNA DUTT v. APOLLO HOSPITAL ENTERPRISES LTD 2002 ACJ 954.

A woman underwent surgery to remove her uterine cyst. The operation was said to be successful, but a few days after the operation, the woman died due to severe pain in the lower abdomen. After his body was cremated, a pair of scissors was found in his ashes. The court heard that a theater manager had inadvertently dropped a pair of scissors on the woman’s abdomen as the hospital operated to remove the cyst. The principle of vicarious liability is based on the Latin principle “qui facit per alium facit per se”. This means that those who act through the act of another act for their own benefit.

• In the PRAWAT KUMAR MUKHERJEE VS RUBY GENERAL HOSPITAL AND ORS. 2005 CPJ 35 The Indian National Commission has issued an important judgment on the treatment of accident victims. In this case, the plaintiffs were the parents of the deceased, Samanathe Mukherjee, a second-year technical boy studying at the Netaji Subhas Chandra Bose College of Engineering. A complaint was submitted to the Indian National Commission. The boy had an accident with a Calcutta traffic bus and was quickly taken to a hospital one kilometer away from the accident site. The boy was conscious when he was taken to the hospital and by showing his health insurance card, he announced that in case of an accident, the insurance would pay 65 thousand rupees to the boy. The hospital that provided the first treatment demanded Rs 15,000 and when the requested amount was not paid, the hospital stopped the boy’s treatment and he was transferred to another hospital where he died. This was the case, and in this case, the National Commission held Ruby Hospital responsible and offered 500 million Tomans. 100,000/- as compensation to the parents. Therefore, in this case, the court took it into consideration for humanitarian reasons and awarded compensation to the plaintiff.

These are outstanding cases of medical negligence. But there are countless cases of medical negligence. There is one very common thing in these cases. Every doctor was in a hurry to finish the operation, without thinking about what would happen to the patient if the treatment did not work.

Reference

https://www.ahpo.net/assets/law-and-ethics-in-medical-practice

Burton, A W (I97I). Medical Ethics and the Law Sydney, Australian Medical Publishing Co

Menon N R Madhava. “Medicine, ethics and the law.” Indian Journal of Medical Ethics