Medical Ethics and Law

Indian J Orthop. 2023 Sep 4;57(11):1744-1747. doi: 10.1007/s43465-023-00972-w. eCollection 2023 Nov.

Abstract

Background: "In Law, a man is guilty when he violates the rights of others. In Ethics, he is guilty if he only thinks of doing so."-Immanuel Kant Medical ethics and law are integral components to ensure that healthcare is provided to the community with care and concern. It provides certain standards for health professionals to discharge the duties with utmost consideration to a suffering human being even as the society receives it with full faith and trust.

Purpose: Ethics and law are both complementary in nature .They serve similar purposes and establish certain ground rules which help in guiding human behavior. Law consists of rules and regulations that govern society and helps in maintaining the order. It is developed externally and enforced to protect the citizens. Ethics, by its very meaning, is more subjective and consists of certain principles that guide individual behavior. It is more dictated by one's morals, values and integrity. The purpose of the code of ethics is to serve as a guide for individuals to perform their duties with integrity.

Methods: There are 4 pillars of medical ethics which are defined as autonomy-respect for patient rights; beneficence-the duty to do good; non-maleficence-the duty to "not to do bad"; justice-to treat all people equally and equitably. This article is an attempt to introspect the relationship between medical ethics and law.

Results: Medical ethics have been present from the time of Hippocrates' oath. Modern medicine codes of ethics ensure physicians strive for the highest possible standards of ethical behavior. In this world where modern tools are available for diagnostics at a price where the majority of the Indian population find it unaffordable, decision-making has become difficult.

Conclusion: Although ethics and law are closely related, they are not the same. Ethical consideration may many times exceed the need of the law especially in health care. It is adherence to ethical principles that help in creating trust between the public and the health professional. However, certain behavior perceived as ethical for few may not be considered in the same manner by others. In the present modern environment, there may be certain challenges for ethical behavior, and perhaps, the law of the land helps in effectively maintaining certain decorum and ensuring minimal trust deficit.

Keywords: Consent; Law; Medical ethics; Medical practice; Patient care.