Legal Implications

A simple definition of ethics, in any field, is what should be done. Law is the established social rules for conduct; a violation of law may create criminal or civil liability. While sometimes the two cross paths they are not always interchangeable. For example Law is derived and expressed through:

·         federal and state constitutions

·         federal and state statutes

·         federal and state regulations

·         federal and state case law

While on the other hand Medical Ethics is derived and expressed through:

·         law

·         institutional policies/practices

·         policy of professional organizations

·         professional standards of care, fiduciary obligations

Quite often ethical decisions are not enforced by legal actions and matters.  For example, in a case involving Paradise Hill Medical Center, 22 oncology patients received excess radiation treatment, the board, CEO, physicians, and management had to discuss whether to inform those patients of the error or not. In this case the decision was not going to result in a legal matter but is definitely testing the ethics and morals of those in charge of making the decision. By choosing not to inform the patients would be unethical but these doctors are not going to go to jail or lose their licenses. On the other hand, because they did not adhere to the ethics committee decision regarding this matter, they could potentially be held responsible and be punished by the hospital or even lose their jobs.

While legal decisions are not always ethical decision, ethical decisions are most often legal. This separation puts those with high responsibility in positions held up by higher standards than just legal standards and forces them to act ethically as well.