Scribd Logo
Upload

Welcome to Scribd!

  • 94 views

    Learning Objectives Medical Law Chris

    Uploaded by

    johno97774
    Law and ethics significantly overlap in addressing issues like access to medical care, informed consent, and confidentiality of health care information. However, there are also distinctions between law and ethics - an ethical pronouncement may guide professionals morally but may not be enforceable like a law. Often, legal standards are affected by professional ethical standards. Broadly, Australian law governing medical practitioners includes both NSW state law and Australian Federal Law, with civil matters being disputes between private citizens seeking financial outcomes and criminal matters involving the government seeking jail time or fines, with a higher burden of proof required.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX or read online from Scribd

    Learning Objectives Medical Law Chris

    Uploaded by

    johno97774
    94 views2 pages
    Law and ethics significantly overlap in addressing issues like access to medical care, informed consent, and confidentiality of health care information. However, there are also distinctions between law and ethics - an ethical pronouncement may guide professionals morally but may not be enforceable like a law. Often, legal standards are affected by professional ethical standards. Broadly, Australian law governing medical practitioners includes both NSW state law and Australian Federal Law, with civil matters being disputes between private citizens seeking financial outcomes and criminal matters involving the government seeking jail time or fines, with a higher burden of proof required.

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    DOCX or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Law and ethics significantly overlap in addressing issues like access to medical care, informed consent, and confidentiality of health care information. However, there are also distinctions between law and ethics - an ethical pronouncement may guide professionals morally but may not be enforceable like a law. Often, legal standards are affected by professional ethical standards. Broadly, Australian law governing medical practitioners includes both NSW state law and Australian Federal Law, with civil matters being disputes between private citizens seeking financial outcomes and criminal matters involving the government seeking jail time or fines, with a higher burden of proof required.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX or read online from Scribd
    Download as docx
    94 views2 pages

    Learning Objectives Medical Law Chris

    Uploaded by

    johno97774
    Law and ethics significantly overlap in addressing issues like access to medical care, informed consent, and confidentiality of health care information. However, there are also distinctions between law and ethics - an ethical pronouncement may guide professionals morally but may not be enforceable like a law. Often, legal standards are affected by professional ethical standards. Broadly, Australian law governing medical practitioners includes both NSW state law and Australian Federal Law, with civil matters being disputes between private citizens seeking financial outcomes and criminal matters involving the government seeking jail time or fines, with a higher burden of proof required.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX or read online from Scribd
    Download as docx
    of 2

    Broad Connections between ethics and Law

    Law: A set of rules made by a government or ruling body.


    Ethics: A system of moral principles used to judge human action
    Macquarie Dictionary

    Within their role law and ethics significantly overlap.


    ‘For example consider that both disciplines address:
    – access to medical care
    – informed consent
    – confidentiality of health care information and exceptions to
    confidentiality (mandatory reporting obligations such as: child and elder
    abuse, infectious disease.)
    – advance directives
    – abortion
    – doctor-assisted suicide ‘

    • Significant distinctions between law and medical ethics in philosophy,


    function and power.
    • E.g. an ethical pronouncement that is not adopted into law may be a
    significant professional and moral guidepost but it generally
    unenforceable
    • Quite often when making laws policy statements of professional bodies
    and suggestions of professionals are taken into account, thus legal
    standard are affected by professional ethical standards.
    • Good ethics has been described as “beginning where the law ends”

    “Unlike science, the law seldom gives absolute ‘black and white’, answers. There
    is always a grey area – hence the Law’s emblem is a Swinging scale.

    Broad Principles of Australian Legal system as it pertains to Medical


    Practitioners
    2 systems of law governing medical practitioners in NSW
    1. NSW state law: Governs most matters relating to medical practitioners;
    contract, personal injury, the medical board, public offences. Cases heard
    at local courts, disctrict courts and the Supreme Court of NSW
    2. Australian Federal Law. Covers specific areas eg. Trade practice, Medicare,
    super, tax, family law. Less complex cases usually heard by state court
    system, more complex cases heard in Federal Court.
    NB: High Court of Australia hears final appeals from both systems.
    NB2 As well a formal court system also a system of tribunals
    Differences
    • Less formal
    • Decide on merits of a dispute

    Categories of Law, Range of legal processes to which doctors and


    institutions can be subject.

    Matters of dispute can be:


    1. Civil: between 2 private citizens. Outcomes usually financial, level of
    evidence does not need to be as convincing.
    2. Criminal: government vs. an individual. Outcome can be jail time/or
    financial. Evidence needs to be more convincing.

    Process Avenues
    • Complaints: Number of different bodies, Health Care Complaints
    Commission (NSW Health), Australian Medical Association (Federal and
    state branches), the NSW Coroner, employers and direct to doctors. These
    bodies can make recommendations for further action.
    • Civil Claims e.g. For Malpractice. Only a very small percentage of cases
    make it to trial. Most are settled out of court and a small number are
    discontinued.
    • Tribunals: Can be convened by Medical Board/NSW HCCC. Have both
    informal and formal hearings about alleged professional misconduct.
    • Criminal Cases: Criminal action can be taken on the recommendation of
    NSW Medical Board/Health Department in cases of medical negligence.
    Current example in press = Dr Jayant Patel

    You might also like