1. A doctor’s failure to advise and disclose material risks to his patient before surgery is a non-adherence to the standard of care of medical practitioners. 2. Medical practitioners must provide their patient with relevant information such as the material risks, side effects, nature of treatment and others in such a way that the patient is aware and can understand it. It is a patient’s right to have knowledge on the suggested medical procedure and he must also fully understand the information disclosed so that he can decide to proceed or decline the treatment. 3. The Bolam test which was derived from the case of Bolam v Friern Hospital Management Committee looks at the opinion and common practices of medical practitioners at that time. …show more content…
The principle of Rogers was applied in the Malaysian case of Foo Fio Na v Dr Soo Fook Mun & Anor where the Federal Court held that the Bolam test is not relevant and inapplicable to a doctor’s duty to disclose risks. The Rogers test is applicable only to doctor’s duty to disclose risks and information and not applicable to duty to treat and diagnose. The practitioner is duty bound by law to inform his patient who is capable of understanding the risks involved so as to enable him to proceed or decline such treatment. The Court also held that “there is a need for members of the medical profession to stand up to the wrong doings, if any, as in the case of medical negligence cases would be appraised with evidence that would assist them in their deliberations”. They opined that the test in Rogers would be “a more appropriate and a viable test of this millennium”. The Rogers test did not deny the relevance of medical opinion but only its …show more content…
In the present case, Dr. Strange, based on the advice from the hospital legal team, did disclose the risk to Logan before the cholecystectomy by giving him access to a program that provided all the necessary information about the risks that was accessible by Internet. The material risks, due to Logan’s medical history, of this operation was “pulmonary embolism” and “sexual dysfunction”. The risks in the program were listed and explained in a clear and simple manner which Logan could understand. Dr. Strange also told Logan that it was vital for him to understand and agree to the risks involved in the operation. He also told Logan to feel free to enquire him about anything. Besides, Logan also knew the nature of the cholecystectomy procedure which is to remove his gall bladder when he was informed by the doctor. Logan also told Dr. Strange that he had completed the online consent form, making Dr. Strange believe that he knew the material risks. Hence, it can be deduced that the material risks were disclosed to Logan before the proposed surgery. Logan should not assume that it was fate telling him to not worry when he couldn’t access the program because it was his right as a patient to have knowledge on the procedure and Dr. Strange also welcome his enquiries if he had any but Logan did not exercise it. Logan was also informed about the nature of the procedure and so, Dr. Strange cannot be liable for negligence in disclosing material
Explain the issue or dilemma using information from the readings in the book and other sources.
Because Margaret did not look over her patient’s information, and inform the patient on the tests that was ordered she drew three tubes of blood on the wrong patient, that if she educated the patient she would have caught the error. Margaret should have checked the order and patient information. The outcome for this error, would be she did not know policy and procedure or even if she was qualified to do the procedure on her own, she did not ask for help form other employees. This could have resulted in harm to the patient with not having the right patient, the patient not receiving the test to determine the status of his health issues. The test for the elderly man was to assess the body’s ability to clot, monitor the effect of blood thinning medication and to diagnose liver
Based on them, we can definitely eliminate options (c) and (d). Option (c) is against the principle of veracity and informed consent because the doctor was lying and hiding the information about the patient’s health that the patient was supposed to know. Option (d) is morally incorrect because the patient is lied to and the surgeon is not penalized. Option (b) does abide by the principle of veracity, but is against rationality because it sets negative example for the community that the doctors can be forgiven for their mistakes. Moreover, it does not abide by stewardship because the surgeon is taking advantage of being a doctor to conceal the truth. Consequently, the morally correct decision would be the option (a) because it abides by the principles of veracity and informed consent as the responsibility of disclosing the truth to the patient is fulfilled. Moreover, considering the rationality and stewardship, it will set an example for all the doctors that incomplete disclosure of information to the patient is unacceptable and the doctors should not take advantage of their importance in the
Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to compensate victims for any negligence.
He is qualified to determine necessity and reasonableness of cost of medical bills because he has been reviewing medical bills for 30 years and he owns a company that review medical bills.
Providers must act in the best interest of the patient and their basic obligation is to do no harm and work for the public’s wellbeing. A physician shall always keep in mind the obligation of preserving human life. Providers must communicate full, accurate and unbiased information so patients can make informed decisions about their health care. As a result of their recommendations, providers are responsible for generating costs in health care but do not generate the need for those expenses. Every hospital has both an ethical as well as a legal responsibility to provide care, even if the care may be uncompensated.
Medical malpractice is like a virus that spreads contagiously and has been going on for many years. This phenomenon has caused deaths, diseases, and injuries due to the negligence of medical professionals towards their patients. Hospitals are losing their reputation and doctors are losing lots of their money. Usually after the doctor does something wrong, the patient should file a lawsuit against them and the hospital. One way to prevent malpractice is to pick younger doctors who are more careful with what they are doing. Malpractice is an occurrence that should be stopped soon or many injuries could occur to the patient due to the doctor’s negligence.
Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed consent, the patient must be aware and should be able to give a voluntary consent for the treatment and testing without being coerced, even if coercion is very little. Being coerced into giving consent is not voluntary because others people’s opinions account for part of his decision. Prisoners and the poor population are two areas where coercion is found the most when giving consent. Terminally ill patients also give consent in hope of recovering from their illness. Although the possibilities are slim of having a successful recovery, they proceed with the research with the expectation of having a positive outcome. As stated by Raab, “informed consent process flows naturally from the ‘partnership’ between physician and patient” (Raab). Despite the fact that informed consent is supposed to educate the patients, it is now more of an avoidance of liability for physicians (Raab). Although the physician provides adequate information to his patient, how can he ensure that his patient properly ...
In Amira’s case, an issue of consent is arisen that her GP has not explained to her much about the conditions she is suffering and the medication that he prescribed. Amira was left a little confused because she did not has the chance to ask questions. For obtaining consent, it must be informed and capacity which means that Amira must be given all of the information of the treatment and they understand the information provided by the doctor and they can use it to make a decision (13). Obtaining consent will lead to enhancement of the efficiency to the treatment because Amira is happy and showing agreement to the
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
The Lewis Blackman Case: Ethics, Law, and Implications for the Future Medical errors in decision making that result in harm or death are tragic and costly to the families affected. There are also negative impacts to the medical providers and the associated institutions (Wu, 2000). Patient safety is a cornerstone of higher-quality health care and nurses serve as a communication link in all settings which is critical in surveillance and coordination to reduce adverse outcomes (Mitchell, 2008). The Lewis Blackman Case 1 of 1 point accrued
Many physicians are faced with the decision of how much information they tell their patient. In Collins article, he discusses how a physician is faced with the dilemma of evaluating how the information will affect the progress or outcome of their patients. Today, this same issue is being addressed, as well as from the view of a consumer regarding violation of their rights. Advancement in technology and threats of malpractice lawsuits are increasing.
McOskar Enterprises, Inc. owns and manages a health and fitness center identified as “Curves for Women”. Tammey J. Anderson, the complainant, joined Curves on April 2, 2003. As part of the joining process Anderson signed a release of liability agreement. This agreement released Curves from any liabilities related to injuries that might be sustained by contributing in any activities or through the use of equipment. The agreement also stated that participants agreed to all risks of death or injury that could occur, Anderson read and signed the agreement of terms with Curves. After completing the liability agreement, Anderson began working out under the observation of a Curves’ trainer using the machines within the facility. During the workout Anderson notified the trainer that she began to feel pain in her neck, shoulder and arm, but finished her workout. She continued to feel the pain when she got home and pursued medical attention. As part of her prescribed medical treatment she was sent for a course a physical therapy. In June 2003 Anderson underwent a cervical discectomy, a procedure used to treat nerve or spinal cord compression. After her procedure Anderson sued Curves, claiming negligent acts during her workout. Anderson v. McOskar Enterprises, Inc., 712 NW 2d 796 (Minn. 2006).
Disclosure of pertinent medical facts and alternative course of treatment should not be overlooked by the physician in the decision making process. This is very important information impacting whether that patient will go along with the recommended treatment. The right to informed consent did not become a judicial issue ...
Policy of Health care organization should reflect these recommendations with written policy governing the length of time each consent is valid for and other variables. Especially, when there’s a change in patient condition. Changes in patient’s condition may reflect changes in medical directives. Requiring reassessment of patients' understanding of procedures and the associated risks. It is the role of the nurse to be the Patients advocate. Also, to verify that valid consent is on the chart. Failure to do so can yield legal implications. Since often perioperative nurse is required to confirm and document that valid consent is on the chart. It is and ethical obligation to all patients to be informed of procedures performed on their body. Although nurses are not legally able to receive consent. It’s still part of our responsibility to oversee that legal communication between the physician and patient occurs. In summary during this discussion, both the patient, doctor and sometimes POA are present. The Physician should explain the implicated risks and benefit of procedures. Also, review alternative to having a procedure performed. If the patient chooses to accept these risks, and thoroughly understands the significance of the procedure, only then should consent be