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Lecture notes

University Medical Law and Ethics Lecture Notes

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This document contains an easy to understand structure on Medical Law. The information compiled into this document has been created from 3rd year Law with Criminology LLB University Lectures. All the information needed to get high grades in Contract Law exams can be accessed in this document and ar...

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  • July 20, 2024
  • 233
  • 2023/2024
  • Lecture notes
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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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