Foster, C and Miola, J orcid.org/0000-0001-9682-2284 (2015) Who's In Charge? The Relationship Between Medical Law, Medical Ethics, and Medical Morality? Medical Law Review, 23 (4). pp. 505-530. ISSN 0967-0742
Abstract
Medical law inevitably involves decision-making, but the types of decisions that need to be made vary in nature, from those that are purely technical to others that contain an inherent ethical content. In this paper we identify the different types of decisions that need to be made, and explore whether the law, the medical profession, or the individual doctor is best placed to make them. We also argue that the law has failed in its duty to create a coherent foundation from which such decision-making might properly be regulated, and this has resulted in a haphazard legal framework that contains no consistency. We continue by examining various medico-legal topics in relation to these issues before ending by considering the risk of demoralisation.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author 2015. Published by Oxford University Press; all rights reserved. This is an author produced version of an article published in Medical Law Review. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Medical law, medical ethics, morals, decision-making, de-moralisation |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 09 Jan 2023 16:21 |
Last Modified: | 09 Jan 2023 16:21 |
Status: | Published |
Publisher: | Oxford University Press (OUP) |
Identification Number: | 10.1093/medlaw/fwv004 |
Related URLs: | |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:162953 |