Medical law is undergoing transformation. Rapid scientific advances mean that lawyers and ethicists are constantly confronted with new issues. More significantly, our attitude towards our health, health services, and the medical profession is changing dramatically. There was a time when doctors were given a godlike status and were held in the highest esteem, with patients expected to be passive and submissive. The following exchange exemplifies this well:

Doctor: [reading case notes] "Ah, I see you have a boy and a girl."

Patient: "No, two girls."

Doctor: "Really? Are you sure? Though it says... [checks case notes] Oh no, you are quite right, two girls."

Nowadays, doctors are no longer regarded as infallible and beyond questioning. Medical professionals now view their role as working with patients to determine the best treatment options. Consequently, there is frequent discussion of 'shared decision-making' between doctors and patients. The doctor-patient relationship, according to some, has become more akin to that between a consumer and a supplier.

As Lords Kerr and Reid stated in Montgomery v Lanarkshire Health Board:

"Patients are now widely regarded as persons holding rights rather than as passive recipients of the care of the medical profession. They are also widely treated as consumers exercising choices."

A different challenge to the status of doctors is the fact that patients now have access to healthcare information via the internet. Self-testing kits for illnesses, devices to monitor health, and websites to explore one's DNA are readily available. I am sure I am not alone in checking what my doctor says against the information available online. All of these changes have, as we shall see, had a significant impact on legal and ethical approaches to medicine.

Written By: S Kundu & Associates
Email: [email protected], Ph No: +9051244073