Evaluating Lois R. Using The Reality Approach

Landmark Legal Cases-Implications for the Counseling Field

Informed consent allows the client to have autonomy in the therapeutic relationship. When counselors or other medical professions fail to provide the client with informed consent this will result in legal and ethical violations. Herlihy & Corey (2006) consider informed consent one of the simplest rights afforded to clients.

The first case that I have reviewed centers on informed consent and hindsight bias. Ms. Drewry who was suffering from excruciating pelvic pain who after a number of unsuccessful attempts of managing the pain with prescribed medication had a hysterectomy. While in surgery a one-month old embryo was discovered and as a consequence to the surgery was aborted. The Ms. Drewry decided to sue Mr. Harwell indicting Mr. Harwell performed an unwanted procedure, sexual misconduct, resulting in an unwanted abortion.

The court ordered Mr. Bursztajn a forensic psychiatrist to examine the plaintiff Ms. Drewry. Mr. Bursztajn testified on behalf of the defendant in which he was considered an expert witness in the field of medical decision-making including informed consent. Mr. Bursztajn testified Ms. Drewry received the standard of care associated with the areas of medical decision making as well as informed consent, noting that Mr. Harwell attended to the vocal wishes and desires of the client. He also noted that the plaintiff, Ms. Drewry has a history of feeling victimized due to early developmental trauma. According to Medical Liability Advisory Service (1996) Ms. Drewry had a challenging time taking blame. There was however evidences that she had made an informed decision prior to surgery nevertheless she decided to reject any responsibility-associat...

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...y seek a second opinion and terminate therapy at any given time, therefore providing the client the ability to choose the right counselor with the desired treatment.

In conclusion, healthcare professionals have an ethical responsibility to their clients and to the field in which they specialize. Providing clients with informed consent is necessary for the client to make a prudent choice pertaining to the direction of their treatment. Although the cases I reviewed were centered on the medical field and informed consent the implications of the outcomes of each case reaches into every corner of the healthcare profession. Counselors need to have a working knowledge of the applicable statutes in their states and adhere to them. Counselors who understand not only the letter but also the spirit in which the codes were created will avoid unnecessary litigation.