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Published on: January 3, 2025
[Physicians and lawyers operate in different worlds when it comes to approaching regulatory issues]
Pieter van Eijsden1,2, Yvo Smulders1
1Nederlands Tijdschrift voor Geneeskunde, Amsterdam.
Abstract:
Expert panel consultations are heavily regulated. To such an extent that they impede doctors from obtaining expert advice for their patients in practically feasible ways, i.e. by phone call. We argue that this is emblematic of the fact that the legal and the medical domain have increasingly become "non-overlapping magisteria"; two world views that each have their own - completely separate - dynamics and have very little in common. There was a time when intuitive moral ideas of doctors and patients about privacy and confidentiality, about responsibilities and expedience closely approximated the legal framework. Those days are over, and doctors have to ask themselves whether they want to be part of the legal or the medical magisterium. We choose the latter and are willing to face the consequences.
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