Justice in the practice of medicine

Abstract

It is contended in this dissertation that justice in the practice of medicine is a sequence of moral arguments that strive to improve the reasoning and activities with which the practice of medicine fulfils its primary aims. Through such a process, the medical profession seeks to define its scope of practice, whereas patients endeavour to gain the benefits of medical knowledge. This work seeks to establish principles that assist in exercising justice in the practice of medicine using the Maltese legal framework. In doing so, laws, circulars, and traditions of professional practices are interpreted in terms of moral reasoning. The role of the national professional body that determines the professional and ethical obligations of medical practitioners in Malta (the Medical Council) is used to exemplify how authority and power to deliver justice are granted by society through legislation. This work is important because it presents a novel perspective on arguments concerning the exercise of justice in medicine according to its practice using Maltese regulatory frameworks. It provides an opportunity to link principles and seek insights into the ethos and ontology of professions in general. By demonstrating principles that unite morality, tradition, virtue, and deontology through a framework of justice, the author concludes that medical practice can be carried out in a rational manner that allows medical practitioners to achieve their intended goals: the well-being and flourishing of patients. Such a framework involves charity and solidarity that provide a driving force for medical practitioners to practice medicine. A moral community of medical practitioners would unite behind such principles and decide on the respective goals they wish to pursue. Standards and practices for the profession are not static but a tradition that is rebranded according to the cultural and scientific advancements it adopts.