Medical Ethics & Law
- Selin Kısacıkoğlu
- Sep 21
- 5 min read
What is Medical Ethics & Law?
Medical Ethics and Law is a field that sits at the intersection of law, medicine and ethics.
It involves discussing the important concepts inside the medical and legal fields such as; moral philosophy/ theory, medical ethics and medical law.
Although it is not an exact branch of law, it involves the studies of legal penalties and ethics in the medical field. This course is covered in universities as a PhD, as an elective or certificate course for law students, ethics courses in medical schools, and interdisciplinary studies.
Medical Ethics & Law studies:
Patient consent and autonomy
Medical negligence and malpractice (Tort Law)
End-of-life decisions (like euthanasia or DNR orders)
Confidentiality and privacy in healthcare
Bioethics issues (like organ transplantation, genetic testing, reproductive technologies)
The relevance of this field has grown with advances in medicine and technology. Ethical conflicts and legal challenges frequently arise when new treatments or medical procedures are introduced. Professionals may deal with disputes about patient care, privacy violations, or questions of medical responsibility. Hospitals and healthcare institutions often rely on experts in medical law to navigate these complex issues.
Graduates in this area can pursue careers as legal advisors in healthcare, policy consultants, bioethics researchers, or members of committees that guide healthcare regulations. The field’s interdisciplinary nature allows professionals to support ethical medical practices, safeguard patient rights, and contribute to healthcare policy development.
Key conflicts and approaches in Medical Ethics & Law
In Medical Ethics & Law, ethical dilemmas often arise from different approaches to moral reasoning. Two of the main frameworks are deontological and consequentialist approaches.
Deontological approach focuses on duties and rules. Actions are considered right or wrong based on moral principles, regardless of the outcomes. It basically says “We don’t care about the outcomes, only the intentions.”
Consequentialist approach, on the other hand, evaluates actions based on their outcomes. In this approach right and wrong are determined based on the consequences of the act, regardless of the intent.
One of the main concepts in medical ethics & law is autonomy, which emphasizes that patients have the right to make informed decisions about their own healthcare. Respecting autonomy can create complex legal and ethical conflicts, especially in controversial areas such as:
Abortion – debates revolve around balancing a woman’s right to choose with the moral status of the fetus.
Euthanasia and physician-assisted suicide – questions arise about whether patients have the right to end their lives and what role healthcare providers should play.
Allocation of healthcare resources – ethical dilemmas emerge when resources are limited, forcing decisions about who receives treatment and how to distribute care fairly.
These conflicts highlight how medical ethics and law intersect: professionals must navigate moral principles, patient rights, and legal requirements simultaneously.
By understanding both deontological and consequentialist reasoning, healthcare providers and legal experts can better address these challenging issues.
What are some debates in this field?
Abortion:
This topic is a highly controversial topic all around the globe. The main reason is because there are a lot of questions that cannot be proven with biology and philosophy, such as: When does life start? When does personhood begin?
The main arguments of pro-abortionist is women's right to bodily autonomy (which is one of the strongest arguments in this case). Which states that a person’s right to make their own decisions about their own body (autonomy), is a right that we cannot take away from them. This right is also protected by a lot of international treaties such as the Article 17 of United Nations General Assembly resolution 2200A (XXI) stating “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.” (OHCHR, 1966) (and so many other treaties).
Some other arguments of pro-abortionists are that no one has the duty to sustain life, banning abortion will cause more harm (because there will be more illegal and unsafe abortion clinics), and that all individuals should have fair access to medical service. (And so many more arguments)
The main arguments of anti-abortionists are that foetus’ claim to life. This is one of the arguments that we cannot determine with philosophy, biology and law. Because in a legal and biological sense the foetus is not a person under the law until it takes a breath outside of the womb. And the reason behind why we cannot determine the right and wrong of this argument through a philosophical sense is that this argument is based on the belief that personhood begins at conception, which we cannot prove. But even though it cannot be really proven, it is an argument that is widely recognized.
Euthanasia:
Euthanasia, or “mercy killing,” is another highly debated topic in medical ethics and law. The main controversy revolves around the questions of autonomy, suffering, and the value of life: Should individuals have the right to end their own lives to avoid unbearable pain, and under what conditions should this be legally permitted?
Pro-euthanasia arguments:
One of the strongest arguments is patient autonomy: competent individuals should have the right to make decisions about their own lives, including the choice to end it when suffering becomes unbearable.
Compassion and relief from suffering: euthanasia can prevent prolonged pain, emotional distress, and reduce the burden on families.
Medical resource allocation: allowing voluntary euthanasia in terminal cases may reduce unnecessary medical interventions and hospitalizations.
Anti-euthanasia arguments:
The primary concern is the sanctity of life: every human life has intrinsic value, and intentionally ending it may be morally and legally wrong.
Slippery slope argument: legalizing euthanasia might lead to non-voluntary or involuntary euthanasia, especially for vulnerable populations such as the elderly or disabled.
Medical ethics: doctors’ duty is traditionally to preserve life, and intentionally causing death may conflict with the Hippocratic Oath and professional responsibilities.
Assisted Suicide: Assisted suicide is a controversial topic worldwide. Proponents argue that competent individuals have the right to autonomy over their own lives, including the decision to end it in cases of unbearable suffering. They also claim it can prevent prolonged pain and emotional distress. Opponents argue that intentionally helping someone die violates the sanctity of life and could lead to abuse, especially among vulnerable populations. Legally, it is permitted in only a few countries under strict conditions.
Allocation of Healthcare Resources: Allocation of healthcare resources is a major ethical debate, especially when resources are limited. Supporters of prioritization argue that scarce resources should be distributed based on urgency, potential benefit, and fairness to maximize overall wellbeing. Critics argue that allocation decisions can reflect societal biases and may unfairly disadvantage certain groups, making transparency and clear guidelines essential in ethical healthcare.
References and Further Reading
United Nations (1966b). International Covenant on Economic, Social and Cultural Rights. [online] OHCHR. Available at: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights.
BBC (2014). BBC - Ethics - Abortion: Introduction to the abortion debate. [online] Bbc.co.uk. Available at: https://www.bbc.co.uk/ethics/abortion/legal/introduction_1.shtml.
Aboriginal Health Council of South Australia (2019). What is gender? Who was involved? [online] Available at: https://ahcsa.org.au/resources/AHC-Community-Report-online.pdf.
Center for Reproductive Rights (2022). Abortion. [online] Center for Reproductive Rights. Available at: https://reproductiverights.org/our-issues/abortion/.
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