[Medical progress and medical ethics].
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Biomedical subjects
Publications and source records attributed to H Leithoff.
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Special situations in life require very strong "protective medicine" which then has to contain human flesh. Such ingredients are obtained by so called medicine murder. Post-mortem examination on the victim, which in this case a difficult task, has to be performed by the medical officer in the District Hospitals of Lesotho. The exclusion of medicine murder has a calming effect on the community. Analysing the rationale of such medicine brings parallels to paramedical practice in our country.
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In lectures of forensic medicine and in jurisdiction the patient's decision to release his secret records of medical examinations and treatment is considered to be an intangible right. Actually this privilege is only existing for the rich patient who can afford it to resign economic help in daily life and in case of illness, disablement and of incapability of earning his living. The population of our social state is largely subjected to obligations to disclose, tolerate and cooperate. In Civil Right, Social Right and in Labour Law theoretically this cannot be enforced, but it is forced in fact by refusing social and insurance accomplishment. If a young person refuses medical tests, a veto of employment will result. An employee will not get a position in an industrial firm where a medical department had to be established according to the law, or in the public service, if he refuses medical tests. In the attempt to extend the social insurance system to the whole population and to extent medical service in industry to all employees within certain time, there is no longer space for avoiding the social pressure for medical good conduct. Wanting to live a civil life one has to obey those directions. The postulation of lecturers and of High Courts concerning the patients decision on medical examination and treatment has only explanatory value and does not consider medical insurance and labour aspects. Further legal restrictions of this fundamental rights exist in Criminal Law.
The treatment contract of the physician does not include the duty of legal counselling of the patient. The physician should avoid amateur attempts at legal advice. The civil contract between physician and patient includes the duty to inform the patient of blatant negligence by others or himself in the observation of the generally recognized rules of medical science. An unsubstantiated suspicion of malpractice without obvious adverse effects should not be revealed to the patient. Critique of the treatment by a colleague is not unprofessional when a higher legal obligation than the professional obligation to a peer is at steak. The physician is not obliged to inform the police of malpractice by a colleague. Only imminent crimes such as manslaughter, murder or genocide must be reported.
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