Mistakes Law and Medical Ethics The Relationships Between Law and Medical Ethics Professionalism Pub

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MistakesLaw and Medical EthicsThe
Relationships Between Law and Medical
EthicsProfessionalismPublic Health Ethics
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I. Mistakes

• How do mistakes occur?
• Do physicians have an ethical duty to disclose
  information about medical mistakes to their
  patients?
• How do I decide whether to tell a patient about
  an error?

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Won't disclosing mistakes to patients undermine
their trust in physicians and the medical
system? By disclosing a mistake to my patient,
do I risk having a malpractice suit filed against
me? What if I see someone else make a mistake?
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II. Law and Medical Ethics

• Law and Medical Ethics are disciplines with
  frequent areas of overlap, yet each discipline
  has unique parameters and a distinct focus.

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Definitions

• Medical ethics may be defined as follows
• Medical ethics is a discipline/methodology for
  considering the implications of medical
  technology/treatment and what ought to be.

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Law is derived/expressed through

• federal and state constitutions
• federal and state statutes (ex. Revised Code of
  WA.)
• federal and state regulations (ex. WA.
  Administrative Code)
• federal and state case law (individual
  lawsuits-decisions at appellate level.)

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Risk Management is derived from law and
professional standards and is expressed through
institutional policies/practices.
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Medical Ethics is derived/expressed through

• law
• institutional policies/practices
• policy of professional organizations
• professional standards of care, fiduciary
  obligations

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Roles of Medical Ethics and the Law

• Consider that both disciplines address
• access to medical care (provision of care,
  emergency treatment, stabilization and transfer)
• informed consent

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• confidentiality of health care information and
  exceptions to confidentiality (mandatory
  reporting obligations such as child and elder
  abuse, duty to warn)
• privileged communications with health care
  providers
• advance directives

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• abortion
• physician-assisted suicide

How can I find out what the law says on a
particular subject?
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III. The Relationships Between Law and
Medical Ethics

• IV. Professionalism

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What does it mean to be a member of a profession?

• What is the difference between a profession and a
  business?

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What are the recognized obligations and values of
a professional physician?
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• Altruism
• Accountability
• Excellence
• Duty
• Honor and integrity
• Respect for others

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Is professionalism compatible with the
restrictions sometimes placed on physician's
judgments in managed care?
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V. Public Health Ethics

• When should diseases be reported to Public
  Health authorities?
• Can patients refuse to undergo routine
  preventive health measures?
• Can a physician refuse to follow public health
  mandates that he opposes?
• When can a patient be held for medical
  treatment against her will?