Discuss the Relationship Between the two in Health Sector (Coursework Sample)

RULE OF LAW VS ETHICS
Student name
Course name
Date
Rule of law and ethics
Introduction
Rule of law refers to a system in which government and its officials and agents as well as individuals and private entities are bound to some internationally accepted law. Ethics on the other hand refers to the standards that govern the person or a profession. This article discusses the relationship between the two in health sector.
Every person has a right to allow to privacy and hence cannot be tampered by anyone unless in some special cases. For mentally ill persons, this right is not possessed as usual. They are unaware of potential dangers to others and themselves. Therefore, it is a moral obligation of healthcare providers to guide patients on what to do and what not to do. Take example of assisted suicide. If a mentally ill person asks his doctor to let him die, will doctor agree to him? The answer is "No”. Healthcare profession is a good example of whether to use law or ethics in critical situations. If the other person is conscious with functional senses, he might consider ethical advice from someone as an invasion into his private matters. Sometimes, well-wishers turn into selfish people who want to seek benefit from mentally disturbed condition of patient. Therefore, according to this observation, it is ethical duty of doctors or care takers to act ethically and prevent patient from possible losses.
Kids who are at the risk of getting harmed or harming others are good ways to elaborate the rationale behind discussion. Kids do not know about possible threats and risks. They are mentally immature and do not have sufficient cognitive maturity to analyze situation and act sensibly towards it. Similarly, mentally ill patients are also in same condition. Patients in trauma or coma cannot assess the situation. They are at risk of being dodged by others. Therefore, in my opinion, the rule of law does not imply here. It becomes ethical duty of people around them to protect them from possible dangers. Another good example of this argument can be sexual violence. Just as little girls cannot assess the intention behind someone’s unnecessary intimation, mentally ill patients are also incapable. They can be sexually assaulted by other people who take advantage of their disturbed condition. When a doctor assesses so, he or she should act according to ethical obligations of human beings as an individual. Another example is the implication of ethics in legal cases. Since mentally ill patients are not aware of legal requirements, their lawyer has to perform ethically and try to make them win on logical grounds.
I agree that mentally ill patients lack decision making ability. It is suggested that psychotherapy sessions should include this teaching as a mandatory element. The dilemma of discussion is that mentally ill people cannot recognize the intention of others. They cannot understand whether the situation is suitable according to law or not. Patients’ attendants’ role is also important here. The attendants or care takers should clearly state patient’s state and ethics necessary to healthcare providers. They should let doctors decide according to situation whether to imply ethics or not. It also puts ethical obligation on attendants to empower people around patient in order to prevent him from unsafe situation.
The counter argument
On the contrary, according to a book written by Raymond, healthcare providers should not neglect rule of law in telling patients what to do. It is similar to example of kids where sometimes parents do not tell other parents that their child is misbehaving or his habits can harm his personality development in the long run CITATION Ray10 \l 1033 (Devettere, 2010). In such a case, parents think that their opinion or advice might offend other parent. Therefore,...