Legality Versus Medical Ethics

In the realm of medical ethics, the question of legality arises frequently.  Is that which is regarded as legal in the realm of medical ethics, always in agreement with what is considered to be ethical?

No, it is not.

Does it come down to a question of legality versus ethical practice? Are the two in conflict, at times?

That is possible.

Ideally, there are sound morals that lead to ethical principles and practice in the realm of medical ethics. Note that in terms of legality, there is moral law and law, as well as the realm of civil law.

Moral law is rooted and grounded in moral principles. Moral law can be either divine moral law or human moral law. Not all law is rooted and grounded in divine or human moral principles, as there is also law that represents only the will of man and does not have any moral aspect to it, either divine or human.   

An example of divine moral law is found in the Ten Commandments. Human law may allow the taking of a human life, at times and under certain circumstances, while divine moral law forbids it. Human law may forbid it too, but human law may not, when it lacks a moral base.

“Thou shall not kill,” Exodus 20:13, is divine law.

Divine moral law and human law can wind up in conflict, depending upon its moral aspect.

The Merriam-Webster dictionary suggests that legality means “attachment to or observance of law” or “the quality or state of being legal”.

In scientific endeavors including the medical ethical realm, there are “obligations imposed by law”. Then, the issue becomes one of whether certain actions are legal or illegal.

Is there a state of lawfulness or lawlessness when certain actions take place in the health care realm? Does there need to be medical ethical legislation introduced or perhaps a change in the current, medical-ethical standards? Medical-ethical guidelines are constantly under review.

Laws vary from culture to culture, as well as country to country, even though ideally, there should be one law that protects everyone. There are also different interpretations of law and thus, legalities vary according to interpretation.

Attempting to resolve legalities or legal disputes in the realm of medical ethics is not always easy, as the arguments for or against medical practices can come from different plateaus of non-moral or moral grounds. 

Ethical principles and practice can vary depending upon the culture and the country.

When there is a conflict in terms of legality in the realm of ethics, particularly medical ethics, decisions may have to go to arbitration by the parties involved. This may include legal action where lawyers are involved in a court of law for ultimate resolution. It may also involve lawsuits and awards.

Medical ethical legalities are not quickly resolved, as they may entail an ongoing process that continues over time. They may also be issues that involve the question of life and death. There are other medical-ethical legal disputes as well, like those in conjunction with organ transplants, blood transfusions and stem cell research. Many times, these issues involve infants, children and the elderly, who are not able to protect themselves and concerned adults must act on their behalf.        

Ideally, medical ethical dilemmas take into consideration basic human rights and effective resolution is possible, although that is not always the case in the realm of medical ethics. Research continues to be in process under the current guidelines of medical ethics, which are subject to change in conjunction with new interpretation of law and its legalities.