ipl-logo

Analysis Of The Hippocratic Oath

1276 Words6 Pages

1.3 Theoretical Framework
“It has been widely accepted that the Hippocratic Oath was composed in the fourth century B.C.E. by a renowned Greek physician known as Hippocrates, often referred to as the “father of Western medicine”. “Pellegrino (1990) argues that the idea of medicine as a moral community can be linked back to Hippocrates. Given that the Hippocratic Oath was written c.a. 500 BCE, this document is clearly one of the most momentous and long-lasting codes of ethics in history.”
“Written in antiquity, its principles are held sacred by doctors to this day: treat the sick to the best of one 's ability, preserve patient privacy, teach the secrets of medicine to the next generation, and so on. “The Oath of Hippocrates, has remained …show more content…

Hence, it is undeniable that the doctrine of natural law together with the principles of the law of negligence are of immense value to the human race. Thus, natural law was the first socio – political theory that impels us to discover the need to realize and appreciate how moral objectives and reasons can relate to law, it further leads us to exercise our minds on issues such as what good law can be used to achieve for human society. According to Finnis the objectives of natural law is to identify the conditions and principles of practical mindedness of good and proper order in the society. It is the postulation of positive hope for the survival and continuous advancements of human race.”

1.4 Objectives of the Study
The overall objective of the study is to examine the effectiveness of the law in addressing cases of medical negligence in Kenya. Specific objectives of the study are:
a. To examine the legal framework governing the conduct of doctors in Kenya. It will also point out the inadequacies of the current regime governing medical negligence. This research will emphasize on the disciplinary process in medical negligence.
b. To examine the extent to which this legal regime is effective in addressing cases of medical negligence.
c. To examine the decisions of the Medical Practitioner and Dentist Board to determine how the Board has handled cases of medical negligence.
d. Make recommendations for appropriate legal

Show More
Related

  • Why Is Henrietta Lacks Unethical

    1416 Words  | 6 Pages

    One of the most fundamental trust relationships is between a patient and their doctor. Physicians have supposedly earned their trustworthy title because of their extended education and desire to help others. However, this perception is being shattered by physicians violating patients’ trust by not providing all the information needed for making a responsible decision for a person’s health and performing unimaginable procedures. “The Immortal Life of Henrietta Lacks” provides multiple examples of the unethical practice of doctors. When scientists do not recognize their subjects as human beings and their relationship results in an unbalanced power dynamic, their advantageous position often leads to the unethical treatments of subjects, especially

    Read More

  • The Immortal Life Of Henrietta Lacks By Rebecca Skloot

    930 Words  | 4 Pages

    At times, doctors have to choose between the preservation and honor of a patient's dignity or to break ethical guidelines to help the human races’ health. A doctor who puts his patients’ well-being as his priority, usually respects the patient’s wishes. However, many factors influence a person’s decision to conduct an unethical experiment. In the contemporary biography, The Immortal Life of Henrietta Lacks, Rebecca Skloot shows that scientists constantly discover and develop new concepts and procedures that help heal numerous people, despite the unethical experiments that they conduct on living organisms.

    Read More

  • Essay On Henrietta Lacks

    1264 Words  | 6 Pages

    In “A Readers Guide”, Skloot ask two questions, “Should people have a right to control what’s done with their tissues once they’re removed from their bodies? And who, if anyone, should profit from those tissues? (Skloot 5). Luckily The Oath of Hippocrates got introduced. “The Oath of Hippocrates, a brief exposition of principles for physicians' conduct, dates from the fifth century BCE.

    Read More

  • Medical Necessity In Patient Care Essay

    475 Words  | 2 Pages

    Discuss the ethical implications of “medical necessity” in patient care. Ethical Implications of Medical Necessity When it comes to medical necessity can often refers to the determination that is made for the insurance purposes. For example, If the patient has a condition that is chronic or terminal, the treatment could be considered medically necessary whether then the patient can afford the treatment or not. Networked doctors may face ethical dilemmas when recommending treatment or specialist referrals. When it comes to medical necessities it can be controversial, it can be the use of marijuana when there can be others that are more a moral ethical in which it can be in manage care and network providers.

    Read More

  • Duty Of Care Vs. Scarlett

    1901 Words  | 8 Pages

    Claim against Chief Constable by Scarlett Duty of Care and Breach of Duty The issues of this claim are whether the police owed a duty to Scarlett and whether the duty was breached by the police. To tackle the problems involving duty of care, the elements of duty of care should be first discussed. For a party to owe a duty of care to another party, there should be reasonable foresight of harm, sufficient proximity of relationship between parties and it should be fair, just and reasonable to impose a duty on the party.

    Read More

  • John Finnis's Natural Law Theory

    788 Words  | 4 Pages

    Finnis is trying to provide an account of where Natural Law comes from. He is defending a strong view of moral objectivity. Finnis broadly endorses Lon Fuller’s eight requirements of ‘the inner morality of law’ through his conceptualisation of the ‘rule of law’. Laws should be prospective and not retroactive; possible to comply with; promulgated; clear; coherent; stable enough that people can use the law as a guide; the making of new laws should be guided effectively within the

    Read More

  • The Morality Of Natural Law Theory

    298 Words  | 2 Pages

    Natural law theory came from ambiguous. If refers to a form of moral theory, as well as being a legal concept that recognising regulation and morality as deeply related, if now not one in the same. Morality relates to what is proper and incorrect and what is ideal or terrible. Natural regulation theorists consider human legal guidelines are described via morality, and not with the aid of an authority determine, like a king or a central authority. It does now not check with the legal guidelines of nature, in keeping with natural regulation ethical principle, the ethical requirements that Govern human behaviour are, in a few experience , objectively derived from the nature of humans and the nature of the arena.

    Read More

  • Natural Moral Law: Deontological, Absolutist Theory

    421 Words  | 2 Pages

    Explain Natural Moral Law (25 Marks) Natural Moral Law is a deontological, absolutist theory. It revolves around the idea that there is a definite right or wrong action itself, irrespective of the consequences, and that it is universally applicable; it can be applied to all rational human beings. Aquinas believed that ‘conformity to the Law would lead to human happiness’. Catholic moral law is derived from this theory, as it is based on the teachings of the Church and the Bible. Natural Moral Law sets out five primary precepts; Preserve Life, Ordered Society, Worship, Education, Reproduction and is based around the fact that if an action upholds all five of these primary precepts then it is morally good or right.

    Read More

  • Ethics In Health Care Essay

    1610 Words  | 7 Pages

    The practice of health care includes many scenarios that have to do with making adequate decisions when it comes to a patient’s life, and the way they are treated. Having an ethical code in all health care organizations is very important, because it helps health care workers with reaching a suited and ethical decision when it comes to the patient. In health care, patient will always be put first, and their autonomy will always be respected. Nevertheless, when there is a situation where a patient might be in harm, or might be making their condition worse because of the decisions they made. Health care workers will always be there to

    Read More

  • Modern Hippocratic Oath Analysis

    1724 Words  | 7 Pages

    The modern Hippocratic Oath has language that is too vague and does not meet the challenge of the complex modern healthcare landscape. With the unique challenges facing 21st century medicine through government regulation, conflict of interest, and the access to medical knowledge, physicians are facing new challenges that this forty-year-old oath does not adequately address. Finally, the multitude of aforementioned social roles that physicians now fill demands guidelines in medical ethics has more precision than the Modern Oath allows (Parnigoni, 2013). Thus, the medical field requires an oath that views health, rights, and ethics in a broader 21st century

    Read More

  • The Pros And Cons Of Medical Negligence

    813 Words  | 4 Pages

    The medical practitioner can only be held liable if he fails to maintain the basic caution as a man of ordinary prudence would have. The standard of reasonable care is ductile in nature. Here the person need not have the highest degree of care or caution but like a man of ordinary prudence. The standard reasonable care cannot be fixed mathematically or through a formula. What constitute negligence is different in different circumstances and it varies from time to time in determining whether the act of the doctor would constitute negligence in

    Read More

  • Stoicism's Theory Of Law: The Concept Of Natural Law

    1831 Words  | 8 Pages

    The outcome was the restoration of natural equity. The development of belief systems which added to the restoration of natural law speculations. The new approach of natural law is worried about practicle issues and not extract thoughts. It tries to fit natural law with the fluctuation of human

    Read More

  • Personal Reflection On Law: A Personal Study Of Law

    975 Words  | 4 Pages

    The law is an intriguing concept, evolving from society’s originalities and moral perspectives. By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered".

    Read More

  • Essay On Natural Law Theory

    1096 Words  | 5 Pages

    Natural law theory states that there are laws that are immanent in nature and the man made laws should correspond as closely as possible. Man can’t produce natural laws but he can find and discover through his reasoning. If a law is contrary to a natural law then it is not a law. Laws should be related to morality. It is a concept of a body of moral principal that is same for all the man

    Read More

  • Negligence In The Medical Profession

    2537 Words  | 11 Pages

    Every act or omission by a healthcare professional can have dire results on his patient. Medical negligence is mainly the application of the general law of negligence on to the medical profession. The elements of negligence are the duty of care, breach of that duty of care, causation and actual damage to that person or property1. The same principles applies in medical negligence, however specific to this area, more attention is paid in the areas of causation and the level of standard of care that was given. Establishing a duty of care for a medical professional is usually straight forward, that by offering to treat a patient, the doctor is automatically in a relationship with that patient.

    Read More

More about Analysis Of The Hippocratic Oath

Open Document