University Medical Law and Ethics Lecture Notes

Medical Law

Module Orientation & Introduction to Medical Law and Medical Ethics


LECTURE 1:
 Purpose and structure
o Purpose – module orientation; and to introduce you to
medical law and medical ethics
o Structure
 Module orientation
 Introduction to medical law
 Introduction to medical ethics
 Learning objectives
o Recall and repeat key points of information relating to the
module, including: the teaching team; the module structure
and content; teaching methods; Moodle page; assessment
tasks; and key deadlines
o Explain in basic terms what medical law and ethics is
o Describe, appraise and compare, and apply some key schools
of ethical reasoning


PART 1 – INTRODUCTION TO THE MODULE:
 Medical law – nutshell
o Ethics
o NHS resource allocation
o Consent to medical treatment
o Medical negligence
o Abortion law and ethics
o End of life decisions and ethics
 Teaching and learning of module
o Lecture series consisting of nine lectures

, o Seminar series consisting of seven seminars
o Online assignment support sessions
o Self-guided study
o Asynchronous learning materials
 Assessment information – 100%individual coursework
o Coursework
 Choice of PQ or EQ
 1500 words
 Released: week 8
 Deadline – Wednesday week 12


PART 2 – INTRODUCTION TO MEDICAL LAW:
 Medical law – what is it all about
o Representation of some topical aspects of medical law
 Recent pandemic and rationing decisions made
 Harold Shipman and recent high-profile medical
scandals and tragedies
 Regulation of pregnant and family life
 Mental health
 Discipline of doctors who abuse their power
 Recent abortion debates, especially in the context of US
 Assisting dying debate, and resort to Swiss Dignitas
clinic by Britons
 Health Minister in Scotland
 Medical law is cross and multi-disciplinary
 Increasing importance of medical law
 Top tips
o Read and consume news
o Think of both sides, pros and cons. Debate respectfully with
peers
o Look at the issue through different ‘lenses’ or perspectives
including ethical ones


PART 3 – INTRODUCTION TO ETHICS:



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,  What is medical ethics
o Ethics
 Sub-set of philosophy – study of ‘right’ and ‘wrong’
 Framework to follow when making decisions
 A method of ‘reasoning’
o Distinction between ‘legal’ and ‘ethical’
o Is there really a role for ethics in the law, medical or
otherwise?
 Make a decision: leave it to the doctor?
o Trust issue
o Want issue
o Legitimacy issue
 If not a doctor – who?
o Public
o Lawyers
o Religious leaders
o Families
 Consequentialism
o Good outcomes – good decision v bad outcome – bad
decision
o Utilitarianism – greatest happiness of the greatest number –
Jeremy Bentham
o Issues
 Problems with consequentialism
 What is a ‘good’ conclusion?
 We don’t always know consequences of actions
 Do ends always justify means”
 Motives
 Long terms gorals undermined
 Welfare
o Applying the ethics – would you save one person or use the
funds to buy equipment that would assist many? What would
consequentialist say?
 Deontology
o There is a clear right and wrong



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,  Kant – ends do not justify means; we need clear guiding
principle
 Rights – and duty – based theories
o Moral belief/guide
 Moral objectivism: right and wrong in objective
 Moral relativism: subjective/relative to a particular
group
 Moral pluralism: there is no single standard
o Issues
 What are the ‘right’ guiding principles?
 Where do the guiding principles come from?
 What if there is a lack of consensus?
o Applying the ethics
 Would you save one person or use the funds to buy
equipment that would assist many? What would
deontologist say?
 Virtue ethics
o Looks at motivation
o Intrinsically good virtues: human flourishing
o Issues
 What is a ‘good motive’?
 Harmful to certain groups
 Glorification issues
o Applying the ethics
 What would a virtue ethicist think of a doctor who
harmed a patient in a medical trial whilst (a) trying to
help them, or (b) simply pursuing their own research
and knowing of risk?
 Principlism
o Beauchamp and Childress
 Respect for autonomy
 Non-maleficence – harm
 Beneficence
 Justice
o Applying the ethics



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