Current challenges to the principles of medical law and their new interpretation

The traditional function of the principles of medical law has been to protect the person of the patient against the use of power in health care. These principles have not generally been seen as factors which would also protect the patient economically. An analysis of the significance of the use of power in health care and a review of the field of damage sustained through erroneous procedures in the care relationship, make it possible to observe that the patient's need for legal protection is particularly great not only as regards factors related to the person, but also as regards the finances of the patient. On the other hand, evaluation of the relevant contents of the principles shows beyond doubt that they are to be conceived of generally as norms safeguarding the patient's rights. In Western countries in particular, where some years ago an economic recession set in, serious note should be taken of the wider interpretation of the principles of medical law as one potential means of furthering the well-being of the patient. In the application of legal rules affecting the legal position of the patient the principles of medical law may--like legal principles in general--be utilized both to guide the choice of a solution norm and to complement/ specify the solution norm. In both these roles the principles yield criteria for application of the law which lead to the taking into consideration of aspects relating to the patient's financial interests and assessments.