Medical Law Essay Example | Topics and Well Written Essays - 2500 words

Medical Law - Essay Example s are legally considered to be negligent in their work, if their actions are not in accordance with what is expected of a medical professional with analogous skill and competence. The general opinion is that negligence claims originate due to inadequate communication by medical professionals, in situations involving medical complications. Physicians who do not caution their patients, in cases where the results prove to be serious, are deemed to guilty of negligence1. The duties of doctors are set out in medical ethics or deontology. Doctors are under a duty to protect the best interests of their patients, protect third parties and maintain confidentiality. The Mental Health Act and the Children’s Act of the United Kingdom specify the professional ethics to be followed by medical practitioners2. However, all the duties of doctors are not enshrined in a single Act, and there are several applicable acts. The General Medical Council maintains the list of duties that doctors are required to follow in an ethical manner3. Doctors have to provide medical care that corresponds to the medical status established by general medical opinion. Medical practitioners have to take the utmost care while discharging their duties. Doctors have to ensure that their medical treatment does not infringe the patient’s freedom. This was established in Mallette v. Shulman. In that case, the plaintiff was a Jehovah’s Witness. The doctor at the clinic had given her a blood transfusion in order to save her life4. The plaintiff sued the defendants on charges of battery, and the trial court accepted her plaint. The appellate court also upheld this decision; and it became very clear that patients were at liberty to choose any particular medical treatment. It was also established, that patients could refuse to accept treatment; even though such treatment would save their life5. Doctors are under a legal obligation to provide patients with sufficient information about their disease.