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Title: Who's In Charge? The Relationship Between Medical Law, Medical Ethics and Medical Morality?
Authors: Foster, Charles
Miola, José
First Published: 9-Mar-2015
Publisher: Oxford University Press (OUP)
Citation: Medical Law Review, 2015, 23 (4), pp. 505-530
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.
DOI Link: 10.1093/medlaw/fwv004
ISSN: 0967-0742
eISSN: 1464-3790
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Creative Commons “Attribution Non-Commercial No Derivatives” licence CC BY-NC-ND, further details of which can be found via the following link: Archived with reference to SHERPA/RoMEO and publisher website.
Appears in Collections:Published Articles, School of Law

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