Editorial: Complexity of Medical Law

If one puts forward a question what medical law is all about, the common answer will be medical mishaps as result of clinical negligence leading to lawsuit and/or inquires of disciplinary bodies or death inquest (Coroner cases). Sometimes it would involve elements of crime, e.g., illegal prescription of drugs particularly controlled drugs, clinical intervention not allowed by law (procedures without consent or prohibited by law), frauds such as misrepresentation of medical bills/certificates. One view on medical law is that it is essentially concerned with relationship between patients and healthcare professional . Medical law will come in when something has gone wrong during the clinical encounter. This perspective is too narrow and also dark side of thinking. Medical law is made up from wide range of disciplines of law not only tort law and criminal law and also including human right law, public law including public health regulations, evidence law, contract law, corporation law, commercial law, family law, administrative law, employment law and so on. Medical law should also cover how injustice and inequity of health services towards vulnerable population that would have impact on individual and public health. In describing medical law, Herring has cited from one commentor suggesting medical lawyer needs to be a ‘Jacqui of all trades’, meaning someone has broad knowledge and skills across many disciplines, though they may not be a master in any one of them. This would explain why medical law is not regarded as distinct discipline of law. However, the complexity involving competencies across wide range of subjects provides opportunities for specialisation of medical law. Medical law should encompass legal related issues in healthcare delivery system covering different stages of clinical journey. Medical law should also address the legal determinants of health as the aim of the Lancet Commission is to enhance the global health community's understanding of law, regulation, and the rule of law as effective tools to advance population health and equity . Well-designed laws can help build strong health systems, ensure safe and nutritious foods, evaluate and approve safe and effective drugs and vaccines, create healthier and safer workplaces, and improve the built and natural environments; and conversely, poorly designed laws or poorly implemented or enforced can harm marginalised populations and entrench stigma and discrimination . Articulation of legal determinants of health must strongly emphasise the role of law in improving fairness in social arrangements and the distribution of resources conducive to health . Therefore, the subject of medical law will require expertise from diverse disciplines extending beyond knowledge in medicine and law. The articles in this issue demonstrate the complexity and special skills of medical law. Medical law needs an international platform to pool experts from diverse fields to address the boarder perspectives of medical law. The journal will continue to play the key role in providing the platform to advance knowledge and skills in medical law globally.