Chapter: Paediatrics: Paediatrics, ethics, and the law

Paediatrics: Common law

In England, the United States, Canada, Australia, India, and many other countries the law has mainly developed from judges through case law or precedent, rather than statute or executive action.

Common law

In England, the United States, Canada, Australia, India, and many other countries the law has mainly developed from judges through case law or precedent, rather than statute or executive action. This system is known as ‘common law’. In an idealized form, common law should mean similar cases are decided consistently and that the law will evolve when new circumstances require precedent to be created. Difficulties can present when two or more precedents suggest conflicting courses of action.

We all function within the legal framework of the state in which we live, and we will also have our own personal ethical views and ideas. All of these will have an impact on the way that doctors relate to their patients, colleagues, and everybody else with whom they interact in their profes-sional lives. As a paediatrician you will need to do the following:

·Identify the legal and ethical problems involving patients that clinicians face most frequently. When might one anticipate the circumstances in which clinicians may require particular care in deciding a course of action?

·Identify clearly the clinicians’ obligations in each case. What duties does a clinician have when faced with a moral or ethical problem that affects the care for a patient?

·Bring expert guidance, wisdom and precedent in complex situations. What resources can clinicians use to try to resolve legal and ethical problems effectively so that the care of the patient can be continued or altered appropriately?

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Paediatrics: Paediatrics, ethics, and the law : Paediatrics: Common law |