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Medical law is the branch of law which concerns the prerogatives and responsibilities of medical professionals and the rights of the patient. [1] It should not be confused with medical jurisprudence, which is a branch of medicine, rather than a branch of law.
Branches of medical law include:
Health professional's fitness to practise is regulated by medical licensing. If concerns are raised regarding a health professional the licensing body may choose to suspend or reject their license. [5]
A career in Medical Law usually requires a bachelor's degree in bioethics, government, healthcare management or policy, public or global health, or history. Prospective medical lawyers must take the LSAT to apply and gain admission to Law School to obtain their Juris Doctor Degree. Finally, to further their education or obtain a higher position, Medical Lawyers may earn a Masters of Law Degree and/or a PhD in Healthcare Law or Global Law.
In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional".
Informed consent is a principle in medical ethics, medical law and media studies, that a patient must have sufficient information and understanding before making decisions about their medical care. Pertinent information may include risks and benefits of treatments, alternative treatments, the patient's role in treatment, and their right to refuse treatment. In most systems, healthcare providers have a legal and ethical responsibility to ensure that a patient's consent is informed. This principle applies more broadly than healthcare intervention, for example to conduct research and to disclose a person's medical information.
Patient rights consist of enforceable duties that healthcare professionals and healthcare business persons owe to patients to provide them with certain services or benefits. When such services or benefits become rights instead of simply privileges, then a patient can expect to receive them and can expect the support of people who enforce organization policies or legal codes to intervene on the patient's behalf if the patient does not receive them. A patient's bill of rights is a list of guarantees for those receiving medical care. It may take the form of a law or a non-binding declaration. Typically a patient's bill of rights guarantees patients information, fair treatment, and autonomy over medical decisions, among other rights.
Bioethics is both a field of study and professional practice, interested in ethical issues related to health, including those emerging from advances in biology, medicine, and technologies. It proposes the discussion about moral discernment in society and it is often related to medical policy and practice, but also to broader questions as environment, well-being and public health. Bioethics is concerned with the ethical questions that arise in the relationships among life sciences, biotechnology, medicine, politics, law, theology and philosophy. It includes the study of values relating to primary care, other branches of medicine, ethical education in science, animal, and environmental ethics, and public health.
Medical ethics is an applied branch of ethics which analyzes the practice of clinical medicine and related scientific research. Medical ethics is based on a set of values that professionals can refer to in the case of any confusion or conflict. These values include the respect for autonomy, non-maleficence, beneficence, and justice. Such tenets may allow doctors, care providers, and families to create a treatment plan and work towards the same common goal. These four values are not ranked in order of importance or relevance and they all encompass values pertaining to medical ethics. However, a conflict may arise leading to the need for hierarchy in an ethical system, such that some moral elements overrule others with the purpose of applying the best moral judgement to a difficult medical situation. Medical ethics is particularly relevant in decisions regarding involuntary treatment and involuntary commitment.
Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access to or places restrictions on distribution of certain types of information.
A medical license is an occupational license that permits a person to legally practice medicine. In most countries, a person must have a medical license bestowed either by a specified government-approved professional association or a government agency before they can practice medicine. Licenses are not granted automatically to all people with medical degrees. A medical school graduate must receive a license to practice medicine to legally be called a physician. The process typically requires testing by a medical board. The medical license is the documentation of authority to practice medicine within a certain locality. An active license is also required to practice medicine as an assistant physician, a physician assistant or a clinical officer in jurisdictions with authorizing legislation.
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Claims of medical malpractice, when pursued in US courts, are processed as civil torts. Sometimes an act of medical malpractice will also constitute a criminal act, as in the case of the death of Michael Jackson.
Non-economic damages caps are tort reforms to limit damages in lawsuits for subjective, non-pecuniary harms such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life. This is opposed to economic damages, which encompasses pecuniary harms such as medical bills, lost wages, lost future income, loss of use of property, costs of repair or replacement, the economic value of domestic services, and loss of employment or business opportunities. Non-economic damages should not be confused with punitive or exemplary damages, which are awarded purely to penalise defendants and do not aim to compensate either pecuniary or non-pecuniary losses.
Involuntary treatment refers to medical treatment undertaken without the consent of the person being treated. Involuntary treatment is permitted by law in some countries when overseen by the judiciary through court orders; other countries defer directly to the medical opinions of doctors.
Linda MacDonald Glenn is an American bioethicist, healthcare educator, lecturer, consultant, and attorney-at-law. Her academic research encompasses the legal, ethical, and social impact of emerging and exponential technologies and "evolving notions of personhood".
A personal injury lawyer is a lawyer who provides legal services to those who claim to have been injured, physically or psychologically, as a result of the negligence of another person, company, government agency or any entity. Personal injury lawyers primarily practice in the area of law known as tort law. Examples of common personal injury claims include injuries from slip and fall accidents, traffic collisions, defective products, workplace injuries and professional malpractice.
Health law is a field of law that encompasses federal, state, and local law, rules, regulations and other jurisprudence among providers, payers and vendors to the health care industry and its patients, and delivery of health care services, with an emphasis on operations, regulatory and transactional issues.
Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services, and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.
The philosophy of healthcare is the study of the ethics, processes, and people which constitute the maintenance of health for human beings. For the most part, however, the philosophy of healthcare is best approached as an indelible component of human social structures. That is, the societal institution of healthcare can be seen as a necessary phenomenon of human civilization whereby an individual continually seeks to improve, mend, and alter the overall nature and quality of their life. This perennial concern is especially prominent in modern political liberalism, wherein health has been understood as the foundational good necessary for public life.
Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. The negligence might arise from errors in diagnosis, treatment, aftercare or health management.
Christopher Tarver Robertson is a specialist in health law working at the intersection of law, philosophy and science. His research explores how the law affects decision making in domains of scientific uncertainty and misaligned incentives, which he calls "institutional epistemology." Robertson is professor, N. Neal Pike Scholar, and Associate Dean at Boston University. He is affiliated faculty with the Petrie Flom Center for Health Care Policy, Bioethics and Biotechnology at Harvard Law School. His work includes tort law, bioethics, the First Amendment, and corruption in healthcare and politics. His legal practice has focused on complex litigation involving medical and scientific disputes.
Judit Sándor is a Hungarian lawyer, bioethicist, and author, as well as full professor at the Department of Political Science, Department of Legal Studies and the Department of Gender Studies of the Central European University (CEU), Budapest. She had a bar exam in Hungary before she conducted legal practice at Simmons & Simmons in London. In 1996 she received Ph.D. in law and political science at the Hungarian Academy of Sciences.
Lisa Campo-Engelstein is an American bioethicist and fertility/contraceptive researcher. She currently works at the University of Texas Medical Branch as the Harris L. Kempner Chair in the Humanities in Medicine Professor, the Director of the Institute for Bioethics & Health Humanities, and an Associate Professor in Preventive Medicine and Population Health. She is also a feminist bioethicist specializing in reproductive ethics and sexual ethics. She has been recognized in the BBC's list of 100 inspiring and influential women from around the world for 2019.
Feminist bioethics is a subfield of bioethics which advocates gender and social equality through the critique of existing bioethical discourse, offering unique feminist arguments and viewpoints, and pointing out gender concerns in bioethical issues.
{{cite book}}: CS1 maint: location missing publisher (link) CS1 maint: multiple names: authors list (link)[1] Institute of Medicine & Law www.imlindia.com
[2] National Convention on Medicine & Law
