In an increasingly litigious society where ritual demands for accountability and “taking responsibility” are now commonplace, it is not surprising that members of clinical ethics committees (CECs) are becoming more aware of their potential legal liability. Yet the vulnerability of committee members to legal action is difficult to assess with any certainty. This is because the CECs which have been set up in the UK are—if the American experience is followed—likely to vary significantly in terms of their functions, procedures, composition, (...) structures and authority. As a consequence it is difficult to generalise about the legal implications. Nevertheless, despite these difficulties this article will outline the broad legal principles governing the potential liability of committee members. It will also consider the relationship between CECs and the courts. It begins, however, with a brief analysis of the relationship between ethics and law in committee deliberations, and in particular of the role of law and legal expertise on CECs. (shrink)

Provides an insight into the general principles of the professional-patient relationship.

In a clear and accessible way, the author highlights the relationship between law and ethics explaining how, if and when they overlap and how they diverge. Written in a non-technical, comprehensible and concise style, this topical text presents information and then encourages the reader to work through the differences and similarities between law and ethics. It teases out comparisons and examines how the 'moral' approach differs from the 'legal' one. Case studies at the beginning of each chapter demonstrate scenarios that (...) health professionals may face in day-to-day practice. These are then developed with a theoretical discussion of the legal and ethical issues they reflect. (shrink)