Introduction to Law and Medical Ethics

The interface between law, medicine and ethics is a subject of great contemporary interest and relevance. New developments in medical practice and research are constantly in the headlines, and the advancements in knowledge that this represents create new challenges, on an almost weekly basis, that lawyers, judges, medical professionals and the public find themselves struggling to address.

The aim of this module is to explore the critical relationship between the law, and the practice of medicine, in order to set the groundwork for discussions in the more topic-specific modules. In doing so, it will focus on the varied approaches to, and multi-layered interrelationships between, ethics, medicine and law, including basic ethical principles and key (legal) concepts relating to, among others, personhood, autonomy, human rights, sanctity of life, and quality of life.

Aims & objectives

To survey international 'codes', and a range of legal and ethical approaches to a list of core concepts in medical practice, including 'duty' and 'utility';
Explore the definitions and limits of concepts of autonomy and personhood as central, guiding, and often determinative principles; and
Investigate the position of the unborn child and the terminally ill patient as examples of situations where law, ethical systems, and human rights questions arise in a practical setting.

Learning outcomes

By the end of this module, you will be able to:

Understand the kinds of ethical arguments used in relation to medical practice;
Appreciate the nature of the relationship between autonomy and appropriate care, and the difference between personal morality and ethical principle in clinical practice; and
Consider the pros and cons of accepting concepts of autonomy, personhood and rights, including the criteria that you think are, or should be relevant.

Examples of the questions explored in this module

How can a grounding in ethics and law help resolve dilemmas in medical decision making?

How should we choose between equally reasonable and ethical positions or actions, when the making of a choice is unavoidable, and one party (or more) will suffer some form of negative health or legal consequence?

How can health care professionals reconcile their duty of care with patients' refusals of treatment? Where are the limits of professional duty?

Take-away Toolkit

"Top 10" ethical and legal principles determining good medical decision-making, as incorporated in leading professional, legal and international guidelines.