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The Ethical Health Lawyer: When Doing the Right Thing Means Breaking the Law – What is the Role of the Health Lawyer?

Published online by Cambridge University Press:  01 January 2021

Robert Schwartz
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Extract

What happens when being a good doctor requires being a bad citizen? What should a doctor do when living up to the requirements of a professional code of ethics or staying true to deeply held personal values requires breaking the law? What should a health care professional do when the appropriate conduct in a particular case is inconsistent with a more generalized principle that has been incorporated into law? Further, what is the role of the ethical health lawyer who advises a health care provider facing such a dilemma?

As health care lawyers advising individuals and institutions, is it our job to advise our clients of all the options available to them, and all the potential legal consequences, or is our role simply to keep our clients acting within the law? Are we information providers, policy counselors, risk managers, or some combination of these?

Type
JLME Column
Information
Journal of Law, Medicine & Ethics , Volume 34 , Issue 3 , Fall 2006 , pp. 624 - 628
Copyright
Copyright © American Society of Law, Medicine and Ethics 2006

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