HANOI NATIONAL UNIVERSITY FACULTY OF LAW
VU THI PHAN
THE ROLE OF LAW IN CONSTRUCTION
PHYSICIAN'S ETHICS, CURRENT SITUATION AND SOLUTIONS
MASTER'S THESIS IN LAW
HANOI NATIONAL UNIVERSITY FACULTY OF LAW
VU THI PHAN
THE ROLE OF LAW IN CONSTRUCTION
PHYSICIAN'S ETHICS, CURRENT SITUATION AND SOLUTIONS
Major: Theory and history of state and law Code: 60 38 01 01
MASTER'S THESIS IN LAW
Scientific advisor: Dr. PHAM THI DUYEN THAO
COMMITMENT
I hereby declare that this Thesis is my own research work. The results stated in this Thesis have not been published in any other work. The figures, examples and quotations in this Thesis ensure accuracy, reliability and honesty. I have completed all subjects and paid all financial obligations as prescribed by the Faculty of Law, Vietnam National University, Hanoi.
So I write this Declaration to request the Faculty of Law to consider so that I can defend my Thesis.
Thank you very much!
GUARANTEE
Vu Thi Phan
Cover Page Pledge Table of Contents
List of tables
INDEX
Page
INTRODUCTION 1
Chapter 1: OVERVIEW OF THE ROLE OF LAW IN BUILDING PHYSICIAN ETHICS 5
1.1. Overview of law and ethics, medical ethics5
1.1.1. Law and ethics 5
1.1.2. Medical ethics 15
1.2. Law and its role in building professional ethics 24
1.3. The role of law in building medical ethics 28
1.3.1. The law establishes the rules of conduct for physicians 30
1.3.2. The law is the basis for medical units and competent authorities to evaluate.
on medical ethics 35
1.3.3. The law is a tool to handle violations of ethical laws.
Doctor 37
1.3.4. Law contributes to orienting public opinion and building legal awareness.
Law on medical ethics in legal life 39
Chapter 1 Summary 42
Chapter 2: THE CURRENT STATE OF THE ROLE OF LAW IN BUILDING PHYSICIAN ETHICS 44
2.1. Positive impact of law on building medical ethics 44
2.1.1. The law has paid attention to building a legal corridor for the creation of
establish rules of conduct for physicians 44
2.1.2. The law has initially formed a basis for medical units and
governing body evaluates medical ethics 49
2.1.3 Law has been one of the effective tools to handle acts of
Violation of the law on medical ethics 52
2.1.4. Laws and legal propaganda and education have contributed to orienting public opinion and building legal awareness of medical ethics in legal life.
2.2. Negative impacts and legal limitations on
Building medical ethics 59
2.2.1. The provisions of the law still have many shortcomings, limitations, scattered regulations and many are not really reasonable, which have had a negative impact on the implementation of the law.
Building medical ethics 59
2.2.2 Regulations on handling and punishment are not strong enough, and do not really have a deterrent effect, preventing violations of the law and violations of medical ethics standards.
2.2.3. The mechanism for determining authority, handling violations, and assigning responsibilities is still limited, revealing many weaknesses. There is a lack of a mechanism for commitment to responsibility between
agencies, organizations, individuals examining and treating patients 66
2.2.4 There are still many regulations on medical research in Vietnamese law.
Limiting the impact on the assessment of medical ethics and the formation of medical ethics standards 71
2.2.5 The investigation, inspection and supervision mechanism has not been effective.
Inspection and supervision by relevant agencies are still weak 73
2.2.6. One-sided impact of media, law, and public opinion
great influence on medical ethics 74
2.3. Causes of positive and negative impacts on 75
2.3.1. Causes of positive impacts 75
2.3.2. Causes leading to negative impacts and limitations of the law on the development of medical ethics and causes leading to
to the decline of medical ethics today 77
2.4. Some issues are being raised about the role of law in the
Building medical ethics in Vietnam 84
Chapter 2 Summary 87
Chapter 3: SOLUTIONS TO IMPROVE THE EFFECTIVENESS OF THE ROLE OF LAW IN BUILDING PHYSICIAN ETHICS 89
3.1. Requirement to enhance the role of law in building morality
Doctor 89
3.2. Proposing some solutions to help enhance the role of law in building medical ethics 93
3.2.1. Solutions to build a synchronous and complete legal system 94
3.2.2 Some solutions to build a favorable environment and conditions for doctors to contribute and prevent the causes leading to
ethical violation 98
3.2.3. Promulgate legal regulations aimed at building ethics
fundamental, sustainable physician 104
Chapter 3 Summary 108
CONCLUSION 109
LIST OF REFERENCES 111
LIST OF TABLES
Plate number
Table name | Page | |
Table 2.1 | Some acts of professional ethics violation reflected | 51 |
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INTRODUCTION
In human life, human health has never been a matter to be taken lightly, so the medical profession has always been a noble and respected profession throughout history, a profession that harmoniously converges the values of medical theory, medical skills, and medical ethics. And a physician, with talent alone is not enough, virtue is what the whole society desires and demands from them, especially in today's complex and modern society.
The increasing demand for health care is a great opportunity to develop the health sector, making it one of the most important and developing sectors, bringing trust to the people. Meanwhile, the reality is that people have never been so worried about going to hospitals and medical facilities as they are today. Because in the professional activities of the medical team, negative manifestations have appeared, blurring the good humanitarian nature of traditional medical ethics, causing distrust in the community. This also makes many people confused and wonder about the cause of the decline in medical ethics and what the law has done and is doing to regulate this issue?
Medical ethics is a matter of morality, human ethics and professional ethics, while law is normative and a tool for exercising state power. However, the relationship between these two seemingly unrelated concepts is actually very close, and the law - it can be said - plays a very important role in building the ethics of physicians.
1. Urgency of the topic
In October 2013, the whole country was abuzz with an incident that occurred at Cat Tuong Beauty Salon (Hanoi) when the head doctor of this beauty center seriously violated medical regulations in the practice of his profession, causing the death of a patient, and then the doctor dumped the body in the Red River. At the same time, incidents related to a series of newborn babies dying after vaccination, cases of mothers dying due to the carelessness and irresponsibility of medical staff attracted special attention from society, or on the Internet, short clips were spreading at a dizzying speed, recording the scene of doctors scolding and harassing patients' families. All