Law and Ethics: Opportunistic Infections of Medical Practice?.

Abstract

The medical profession is in a crisis due to the increasing awareness of pluralism and the rejection of “community standards of practice” as a principle ethically and legally sufficient to govern medical practice. Historically, professional peer-review and appeals to local medical community standards of practice have been the basis for managing legal and ethical disputes. It was rare for patients or courts to challenge the authority and autonomy of the profession. This was the legacy of an earlier, less pluralistic society. Monolithic societies have a common or authoritative set of moral values, usually founded on a religious structure and institution, so that the moral limits of any type of practice, including medical practice, are well understood. We no longer live in such a society.