Bioethics is the branch of the philosophy of ethics that deals with the ethics of living things. Although “bioethics” is not usually seen as a branch or “subspecialty” of healthcare law, it does play an important role in the reasoning behind healthcare legislation at the state and federal levels. In general, the importance of bioethics to healthcare law can be considered to fall within two broad areas: Legislative – Contemporary bioethical thought is often taken under consideration when statutory (written) laws are being composed for enactment as a part of the general civil code.
Interpretive – The interpretation of bioethical law and principles includes the deliberations of hospital bioethical boards or committees and the teaching of bioethical principles as a part of law school curricula. The decisions of appellate courts at the federal level and the rulings of the various administrative law courts are further examples of the practical interpretation of bioethical law. Healthcare lawyers in private or academic practice will rarely encounter a healthcare lawsuit that deals solely with a bioethical question. Rather, such lawsuits often allege some breach of ethically-derived duties such as:
Confidentiality – details of the patient’s medical history can be made known to another party only with the patient’s consent. Competence – a physician should not practice in medical specialty areas in which he or she cannot document special training and/or experience. Informed Consent – any invasive treatment or diagnostic procedure (surgery, endoscopy, etc) requires that the patient be given an explanation of the procedure, risks involved, and alternatives to that procedure. The same is true if an unconventional treatment or intervention is recommended, or if the patient is considering participating in a clinical trial.
Standard of Care – a physician is expected to adhere to the prevailing standards of care in his stated area of competence. Any deviation or omission from those standards must be for reasons that are expected to be beneficial to a unique instance relative to the unique patient. The futility of Ongoing Care – a physician has a moral and ethical duty to inform the patient, or the patient’s legal representative when continued treatment is not reasonably expected to result in clinical improvement or a positive change in the patient’s quality of life. In the most extreme case, a physician could inform the patient’s legal representative that the patient is brain dead and recommend that life support measures be discontinued.
Questions regarding medical ethics or bioethical law care often confusing to the typical layman. Should such questions arise when issues of medical malpractice are suspected, it is vital that a healthcare lawyer be consulted and that a healthcare lawsuit should be initiated and monitored only by such qualified attorneys. Lists of healthcare lawyers may be obtained online or from the appropriate state bar association.
