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Thorax 2001;56:78-81 ( January )

Occasional review

Ethical problems in respiratory care: the role of the law

M A Branthwaite

Barrister, Formerly Consultant Physician and Anaesthetist, Royal Brompton Hospital, London, UK

Correspondence to: Dr M Branthwaite, 51 Millbank Court, 24 John Islip Street, London SW1P 4LG, UK

Accepted for publication 14 September 2000

The first 150 words of the full text of this article appear below.

    Article

It is customary---albeit perhaps simplistic---to identify four ethical principles as the basis for good medical practice.1 These are beneficence, non-maleficence, respect for autonomy, and justice, primarily distributive justice. The challenge for the practising clinician is to determine a proper course of action when these principles conflict, particularly when the individual, social, or financial consequences of new and perhaps promising treatments are known incompletely. Decisions taken in good faith are now often subject to public comment or criticism, and the National Health Service and other legislation add further constraints by introducing new rights or prescriptive guidelines without necessarily identifying the resources to fulfil these obligations. Many of these concerns have been part and parcel of medical practice for centuries, but it is only recently that the aura of the always wise and caring practitioner has been challenged by an increasingly assertive and vociferous public, ready to seek legal redress . . . [Full text of this article]




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