Question

Is the common - law position that physicians have no general duty to treat morally acceptable?? In your answer,, be sure to appeal to at least two moral theories..   

Answer 1

This topic is a very important one to be discussed in this era and must look into it from both Physician’s and general public’s perspective. Presently in the UK and US, doctors are not legally obliged to provide assistance in a medical emergency if they are outside their place of practice or off- duty. If the doctor-patient relationship is not established, then doctor have no legal duty to provide medical assistance to strangers in an emergency. For example: A doctor sitting in a Park has no duty to come forward and assist a fellow visitor who has suffered a heart-attack. Prima facia, this common law-position is not morally acceptable for most of us.

On the one hand, If a doctor take initiative while off-duty in the care of a fellow citizen who had a cardiac event, the outcome would be much better than the intervention of other common people. Considering the value of human life and being taken oath to become the protectors of health, every doctor should be sincerely willing to support the needy regardless of the environment. Though there is limitation to start treatment or perform therapeutic procedures due to the non-availability of medical equipment and other things in a street or restaurant, a doctor’s knowledge based ability to guide on 'what’s next' and provide first aid would do much good to the victim.

On the other hand, let’s understand what is that make physicians to hesitate to support patients when they are off-duty. Yes-the legal liabilities and complications. One’s a doctor voluntarily decides to assist others or come to their aid, he or she becomes liable for any injury that results from any negligence during that assistance. Injury or minor mistakes are very likely to happen (eg: shifting of a patient suspecting neck injury without adequate measures to immobilize the neck, from a hazardous environment) due to the absence of trained professionals for support and medical equipment. Respondents (Doctors) of a survey reported that they are afraid of getting sued if they render medical assistance while off-duty.

Finally, it is high time the law provide a protection to the Physicians and other medical professionals who voluntarily come forward to save a valuable life. A Good Samaritan act to protect medical professionals from liability for trying to help would encourage professionals to be less uncertain and step up during emergencies. Morally, physicians should help in medical emergencies but also take precautions to protect themselves.