Frenkel D A
J Med Ethics. 1979 Jun;5(2):53-6. doi: 10.1136/jme.5.2.53.
Summarising the interrelationship between law and medical ethics, I would say that in cases which do not touch the patient's body or integrity, such as professional secrecy, statutory law may take precedence over rules of medical ethics. But in cases where the human subject becomes a victim because of domestic statutory laws which are in contradiction with medical ethics, the medical practitioners should insist on adhering to their professional standards in such a way that the legislators will have to adapt their legislations to the laws of humanity and public conscience. Legislators, as well as medical practitioners, should not forget that the term 'being' is preceded and qualified by 'human'.
总结法律与医学伦理之间的相互关系,我想说,在不涉及患者身体或完整性的情况下,例如专业保密,成文法可能优先于医学伦理规则。但在人类主体因与医学伦理相矛盾的国内成文法而成为受害者的情况下,从业者应坚持遵守其专业标准,以使立法者不得不使其立法符合人道法则和公众良知。立法者以及从业者都不应忘记,“存在”一词之前有“人”并以“人”为限定。