(1) But the law and ethics vary in the way in which they deal with ambiguity.
Ethics can deal with shades of gray, in assessing what is right and wrong. By contrast,
"...law is at war with ambiguity, with uncertainty. In the courtroom, the adversary
system, plaintiff against defendant, guarantees that someone will always win, someone
will lose...Law and the arbitrary certainty of some of its results are no doubt
indispensable to the secure operation of a society where there is ceaseless conflict
requiring resolution."10
(2) There are a number of ways in which the law supports ethics. Ethical
standards (ideals of behavior) are, to some extent, reflected in the law. You will recall
that the patient's bill of rights outlined a combination of legal and ethical rights that have
been codified into the law and are, therefore, enforceable under the law. Ethical rights
that are not the law can only be enforced through the pressure exerted by ethics
committees and professional organizations. Ironically enough, the law itself, at times,
may seem to undermine the observance of ethical principles.
b. The Adaptability of the Law. The ability of the law to adjust is one of its
strengths. Legal uncertainty is similar to the uncertainty encountered in making medical
and nursing diagnostic and treatment decisions. When dealing with Systems as
complicated as the human body or human society, uncertainty is inevitable.
Says Scott Turow, practicing attorney and author, "the law [can be seen] as a response
to political and social traditions and not something sent from heaven. The law can
change; the law can vary from place to place. And in those changes and variations, the
law, like any other social product, reflects the persistent conflicts and contradictions
within society."1
c. The Law as a Guide and Stimulus to Peaceful Resolution of Disputes.
(1) Like ethics, the law serves as a guide to conduct daily life. Most
disputes or controversies between persons or organizations are resolved without
lawyers or courts. The existence of the legal system is a stimulus to an orderly private
resolution of disputes. A knowledge of the relevant legal principles serves as a
reinforcement of compromises reached. The likelihood of success affects the
willingness of parties to negotiate private settlements.
(2) Hospital administrations retain medical ethicists and lawyers on their
staff for the purpose of obtaining advice on the permissibility of proposed actions. But,
lawyers and ethicists cannot be consulted for every move a health provider must make.
That is why knowledge of the sources of the law and their application is important for
anyone involved in providing health care.
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