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Clinical Ethics

Clinical Ethics EDITORIAL What’s Law Got to Do With It? ILL I GET SUED if I stop treatment?” tion of individual self-determination from the Enlight- “What should I do next—from the enment. The principles of beneficence and justice can be legal point of view?” These 2 ques- followed back through political and religious thought to tions are seemingly embedded (off the early Christian Church and before. The virtues came W the record) in every case consul- from Aristotle by way of Saint Thomas Aquinas (1225- tation our ethics committee performs. My unhesitating 1274). In short, American law and bioethics have sprung reply, of course, is that one should first decide what is from the same philosophical roots. In addition, casu- the right thing to do and, only after that, consider legal istry (the ethical analysis of a case by comparing it with counsel. Given that malpractice concerns are real in our similar cases) is the modus operandi of the legal world litigious society, the questions are understandable. And as judges look to past cases for precedent. given our country’s history of some unethical laws (forced The laws of our country include court decisions sterilization, racial and sexual discrimination, etc), it may http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Archives of Family Medicine American Medical Association

Clinical Ethics

Bauman, Susan M.
Archives of Family Medicine , Volume 8 (4) – Jul 1, 1999
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Publisher
American Medical Association
Copyright
Copyright 1999 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Restrictions Apply to Government Use.
ISSN
1063-3987
eISSN
1063-3987
DOI
10-1001/pubs.Arch Fam Med.-ISSN-1063-3987-8-4-fed8010
Publisher site

Abstract

EDITORIAL What’s Law Got to Do With It? ILL I GET SUED if I stop treatment?” tion of individual self-determination from the Enlight- “What should I do next—from the enment. The principles of beneficence and justice can be legal point of view?” These 2 ques- followed back through political and religious thought to tions are seemingly embedded (off the early Christian Church and before. The virtues came W the record) in every case consul- from Aristotle by way of Saint Thomas Aquinas (1225- tation our ethics committee performs. My unhesitating 1274). In short, American law and bioethics have sprung reply, of course, is that one should first decide what is from the same philosophical roots. In addition, casu- the right thing to do and, only after that, consider legal istry (the ethical analysis of a case by comparing it with counsel. Given that malpractice concerns are real in our similar cases) is the modus operandi of the legal world litigious society, the questions are understandable. And as judges look to past cases for precedent. given our country’s history of some unethical laws (forced The laws of our country include court decisions sterilization, racial and sexual discrimination, etc), it may

Journal

Archives of Family Medicine – American Medical Association

Published: Jul 1, 1999

References

  • Ethical theories and clinical practice: one family physician's approach.
    Tunzi, M
  • "What does the law say?" law, ethics, and medical decision-making.
    De Ville, K
  • Bioethics: An Introduction to the History, Methods, and Practice.
    Jecker, NS
  • Limits: The Role of the Law in Bioethical Decision-making.
    Dworkin, RB