Medical Law- Problem Question - Essay Example

MEDICAL LAW Assignment Medical ethics”, Washington School of Ethics observes, “is a discipline/methodology for considering the implications of medical technology/treatment and what ought to be.’ (Retrieved from depts.washington.edu) Medical law, forensic medicine and medical jurisprudence are considered synonymous terms applied to elaborate that branch of medicine, which deals with the applications of the principles and knowledge of medicine to the purposes of law. Medical law encompasses all the fields that affect the civil or social rights of individuals and injuries to the persons bring the medical practitioner into contract with the law. “A medical professional”, Khan submits, “will have frequently gives, during his professional career evidence as a medical jurist in the court of law to prove the innocence or guilt related to the medical occupation.” (2008: p 7) Before embarking upon the topic under study and giving advice to both Sam and Dr. Smith, it would be appropriate to define professional ethics. The professional ethics aim to describe the rules stating the conduct and behaviour associated with the professionals while dealing their clients. The statutes of law vehemently lay stress upon the professional ethics and do not allow any professional violate ethical responsibilities he has been expected to exercise while performing his occupational duties and obligations. It simply means that a person is bound, under professional ethics, to pay due heed to the problems and worries of the clients not to perform any act or anything through gesture or words that could hurt the client and could be viewed as the violation of law, moral values, legal ethics as well as breaking the statute of law prevailing in the country. The same is applied particularly in medical and legal professions, where the customers and clients share one of the most sensitive matters related to their personal or domestic life. The most crucial professional ethics include: Paying full attention to the problems facing by the clients. Providing complete counselling to the clients and giving best possible advice according to the best of the knowledge and information of the professional Never trying to disclose slightest information regarding the problems of the clients, which have been described as secrets by the clients. “A confidential contractual association”, Mason & Smith observe, “between doctor and patient is often assumed but it is always difficult to see how this can obtain out with the wholly private sector.” (1983: p 95) Never having any ill intention to exploit the feelings and emotions of the client; nor inflicting any type of injury or pain upon him. Never acting in such a way that may put the life and honour of the client in a jeopardy Applying best available methods and techniques to solve the clients’ problems Keeping in view confidentiality regarding the problem of the client as the most significant matter and professional conduct while interacting with the public Professional ethics and medical law also look for displaying honesty, devotion and steadfastness while attending the clients. Though the legal ethics apply to all the professionals, the same is particularly stressed upon physicians, general practitioners and the individuals belonged to the medical profession. “A physician shall”, according to American Medical Association, “uphold the standards of professionalism, be honest in all professional interactions, and strive to report physicians deficient in character or competence, or engaging in fraud or deception, to appropriate entities.” (Quoted in www. Ama-assn.org). While elaborating the case under study, few legal and ethical parameters appear in the discussion, which include: There is a professional contract between the general practitioner (GP) of the Elms Medical Practice Surgery, Luton, called Dr. Smith, and the sixty years old heart patient named Sam. The relationship between the counsellor and patient is one of the most important things in the rehabilitation process, where both the parties to the contract are legally, ethically and morally bound to co-operate with one another regarding the treatment process. “Bell and Montoya (1997) compare doctor-patient association to the relationship between child and his parents.” (Quoted in Doweiko, 2006: p 365) Dr. Smith, under the statute of law, is bound not only to attend the patient Mr. Sam, but also he has responsibility of diagnosing specific medicine beneficial and supportive for the Sam’s health. Not only this, but also he is expected to provide his patient with mental relief and emotional satisfaction. The responsibility accelerates to a great extent particularly while providing medical assistance to a person suffering from heart disease. Dr. Smith, though, has suggested the medicine “statins” to Sam for controlling the cholesterol level as well as to avoid heart palpitations, yet he must take into consideration the mental and physical condition Sam has been undergoing. Rather attending him properly and consoling him with soft words, he applies indifference towards his patient, which is strictly against the statute of law. In R v. Bateman, where in the course of a discussion of criminal liability for manslaughter due to negligence, the civil position is also examined. “A medical practitioner is thought to be under a duty to his patient to use diligence, care, knowledge, skill and caution in his administration of treatment. The standard is stated to be a fair and reasonable one of care and competence.” (Sheila, 1983: p 85) But instead of dealing Sam with care and kindness, Dr. Smith observes indifference, and does not show any compassion towards a patient suffering from heart palpitation. Sam is justified in getting angry and displaying displeasure towards the reluctance of his GP regarding showing mercy towards him, which not only comes under the breach of implied contract, but also against the statutes of law of tort prevailing in the United Kingdom. Sam can claim remedy against the non-complying attitude of Dr. Smith at the perturbed situation faced by Sam. Dr. Smith’s false promise of recommending Sam to use the medicine “LowBP” also comes under the Section 17 of the Law of Contract defining fraudulence, where he has no intention to write prescription suggesting LowBP to Sam. Sam can claim damages against the promise, which the doctor does never mean to fulfil. “According to English Law, to tie up a person to a promise with no intention of performing from one’s side and with the intention of only preventing the other from dealing with others comes under the fold of fraudulence and misrepresentation.” (Singh, 2007: 168) In addition, intentionally spitting urine of patient from the examination tray on the head and clothes of Sam is most condemnable act on the part of the doctor that reveals his malafide intention towards the patient. It not only hurts the feelings of the patient, but also boost up the anger of a person suffering from dizziness, high cholesterol level and heart palpitation. Such an act may take the life of a patient, and hence comes under the Criminal Procedural Code, where it describes the doctor’s act as a criminal assault on the patient. The patient can seek legal remedy from the court of law. “Serious professional misconduct may include not only misconduct by a doctor in his clinical practice, but misconduct in the exercise, or professed exercise, of his medical calling in other contexts, such as that here in the giving of expert medical evidence before a court.” (Quoted in remedyuk.org) Sam’s getting collapsed shows an outcome of the doctor’s misconduct and negligence. In addition, his being non-attended at Stockwood Hospital reveals serious negligence and misconduct on the part of the hospital. “In Medical Practitioners Disciplinary Committee v. Dr. Steeper, the Medical Practitioners Disciplinary Committee (MPDC) held a three day hearing, 28, 29 June and 11 August 1989 to inquire into a charge of professional misconduct against Dr D W Steeper of Auckland by the Preliminary Proceedings Committee of the Medical Council in connection with Dr Steepers management of three young children. The allegations related to Dr Steepers use of the Vega testing machine for diagnosing and treating these three infants without carrying out a medical assessment or examination, and furthermore from the Vega test procedures.” (casewatch.org) Dr Steeper conveyed statements to the parents of the patients that were unjustified misleading and hurtful and fell below the proper standard of patient care. Dr Steeper in using these unproven and unorthodox techniques used his orthodox training and medical registration to convey it was held that Dr. Steeper would pay $900 to the patients suffered due to his negligence. In ordinary cases, damages for mental pain and sufferings caused by any breach of contract are not claimed, yet remedy can be claimed in case of medical treatment, where life of the patient may be in stake. Since Sam is taking treatment from the surgery, he is bound to act according to the advice of his GP Dr. Smith. He is not expected to dictate the GP to write the medicine of his own choice. Rather, the patient is expected to follow the advice of the medical advisor as per rule of the law. Hence, he can claim damages against the pains inflicted by the doctor by showering urine on him, but he does not claim any remittance on the basis of doctor’s non-compliance regarding prescribing the medicine of his own choice. “Consent of the patient”, McLean & McKay state, in medical practice is generally asserted regarding suggesting surgery or any other operations, but a patient cannot insist on consuming any specific medicine.” (1983: p 89) Q 2: Law of confidentiality maintains great significance in law of professional ethics, which does not allow any professional disclose any information brought to his knowledge during the course of his professional duties. On the contrary, a professional is restricted to conceal any type of information brought to his knowledge by a client. The same is applied while discussing the case of Dr. Smith. Under the strict rules of confidentiality, Dr. Smith was bound to keep the medical reports of his patients under lock and key, or in some area where no irrelevant person could have any access to such documents. In the case above-mentioned, it was the professional obligation of Dr. Smith to keep the Gigi’s file in lock and key, or at least far from the access of his visitors. “Safe, comprehensive, and cost-effective patient care depends on the providers ability to obtain an accurate record of the patients previous health care, including treatments and testing. Without this information, tests may be repeated or previous results ignored, allergies may not be known, and information about drug regimens may be miscommunicated.” (Rind et al, 1997) The secrets regarding the life, honour, prestige, health, disease and mental conditions of the clients must never be disclosed, due to the very fact that disclosure of these facts may creates grave problems in the personal and professional life of the individuals. “Disclosure of a simple history of a patient may cause their marital breakdown, illnesses and death in a family.” (Abimbola, 2003: 2) Any word, gesture or act costing the fame of a person and causing his defamation is a crime in the eyes of law, against which legal remedies can be claimed. The burden of proof lies on the person who has caused the defamation. “The defamation law is used to refer to any law related to the protection of the individuals reputation and feelings.” (article19.org) The disclosure of the celebrity Gigi’s file mentioning her health condition and sexually transmitted disease may put her reputation in grave jeopardy, and would cause the end of her career. Though Dr. Smith had no intention of disclosing the secret about Gigi’s health, and the file was stolen and sold out by Sam, it was the duty of the doctor to keep the file in proper custody, so that no one could have access to it. Now Dr. Smith can take the plea that some person has stolen the file in his absence, and he had no intention to defame his permanent client. Negligence in Scottish law is described as the breach of contract between the parties to the contract. And compensation to the injury is liable to be mpaid by the person responsible for such negligence while performing his duties as professional. a REFERENCES: 1. Abimbola, Seye. Quiet Life. 2. American Medical Association. Principles of Medical Ethics (Retrieved from http://www.ama-assn.org/ama/pub/physician-resources/medical-ethics/ama-code-medical-ethics/principles-medical-ethics.shtml) 3. Bell, D.C, Montoya, I.D & Atkinson, J.S. (1997) Protecting Oneself from Human Immunodeficiency Virus: Are Prevention Messages Being Heard? The University of Chicago Press p 31 4. Doweiko, Harold E. (2006). Concepts of Chemical Dependency. Wadsworth Pub Co. ISBN: 053463284X p 365 5. Khan, Saghir Ahmad. (2008) Medical Jurisprudence. Mansoor Book House Katchery Road Lahore. 6. Mason, J. K. & Smith, R. A. McCall. (1983) Law and Medical Ethics. Butterworth & Company Limited pp 95-97 7. Sheila, A. M. McLean. (1981) Legal Issues in Medicine. Gower Publishing Company, England pp 82-84. 8. Singh, Avtar. (2007) Law of Contract. Eastern Book Company New Delhi p 168 9. Case Watch. Professional Misconduct Findings against Dr. D. W. Steeper (http://www.casewatch.org/foreign/steeper.shtml) 10. Remedy UK. Wrong Kind of Misconduct. (Quoted in http://www.remedyuk.org/index.php/RemedyUK-News/-Wrong-kind-of-Misconduct.html) 11. http://www.medindia.net/indian_health_act/consumer_protection_act_and_medical_profession_doctor_patient_relationship.htm 12. Ethics in Medicine. Law and Medical Ethics University of Washington School of Medicine. (Quoted in http://depts.washington.edu/bioethx/topics/law.html) 13. Rind et al. (1997) Maintaining the Confidentiality of Medical Records Shared over the Internet and the World Wide Web Annals of Internal Medicine. Journal of Medical and Public Issues. 15 July 1997 | Volume 127 Issue 2 | Pages 138-141 (http://www.annals.org/cgi/content/full/127/2/138) 14. Read More