The Legal Framework of Medical Ethics in the United States

Abstract

Medical ethical principles are supported by a legal framework. In the United Stales, a body of law arising from judicial opinions, statutes, and administrative rulings constitutes an important background for an overview of medical ethics in a book such as this one. This chapter provides an overview of the legal foundation of medical ethics likely to be of interest to the student and practitioner Each of the 50 states of the United States is its own jurisdiction; the federal government constitutes a 51st jurisdiction. The Supremacy Clause of the US Constitution states that federal law trumps state law, but there are many areas of medical ethics in which there is no federal law or controlling federal judicial ruling. In addition, judicial opinions sometimes change over time. In short, the following selected legal cases and legislative actions are intended to show a range of legal approaches to common problems in medical ethics. The cases, statutes, and rules described in this chapter are grouped in several general areas of medical ethical interest. Many of the entries involve several ethical principles and highlight the tension between them. Courts and legislatures grant considerable deference to personal autonomy, for instance, but that deference is nol absolute. It is hoped that these materials will lead the reader to appreciate the struggle the legal system shares with medicine in determining what right or principle trumps another in a given medical ethical dilemma. (PsycINFO Database Record (c) 2016 APA, all rights reserved)