AlphaMED Resources · https://alphamedicine.uk/Resources/glossary/ethics-law
Ethics vs law
Law is what is legally required and enforced. Ethics is what is right, which can ask more than the law or sometimes conflict with it.
Summary
- Law is set by Parliament and the courts, and breaking it can bring penalties.
- Ethics is about what is right, judged by principles such as honesty, respect for the patient and fairness.
- Ethics can ask more than the law requires, and the law can be silent where ethics has a view.
- The two can conflict. A law may permit something a doctor considers wrong, and the doctor then has to decide what to do.
- Some duties appear in both, such as candour, which the law places on providers of care.
In practice
- Under regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, registered providers must act in an open and transparent way with the people receiving care.
- Under section 4 of the Abortion Act 1967, no one is under a duty to take part in treatment authorised by the Act to which they have a conscientious objection, meaning a refusal based on conscience. The person relying on that objection bears the burden of proof in any legal proceedings.
Interview questions
- What do you know about the difference between law and ethics in medicine?
- A doctor believes a patient has not been told something important about a mistake, although the legal requirement appears to have been met. What do you think the doctor should do?
- Should the law protect a doctor's right to refuse treatment on grounds of conscience, and what are the arguments against?
Sources
- legislation.gov.uklegislation.gov.uk/…/20
- legislation.gov.uklegislation.gov.uk/…/4
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