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Medical malpractice and how patients and physicians are affected
Ethics of medical informed consent
Ethics of medical informed consent
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Dax Cowart required many painful life sustaining operations and treatments during his stay at the hospital and rehab centers for his severe burns. Dax, from the start did not want to accept medical treatment. Since he was refusing treatment the physicians went to his mother to obtain informed consent. Informed consent, legally and ethically, requires physicians to seek consent before an operation or any other medical treatment. Additionally, the physician must provide a reasonable amount of information to the patient to help them to make a meaningful decision regarding the treatment, as well as disclose any associated risks (AMA, 2006). In the 1914 case of Schloendorff v. Society of N.Y. Hospital, Justice Benjamin Cardozo offered a notable legal opinion in response to a charge of unwanted treatment, “every human being of adult age has a right to determine what shall be done with his own body; and a surgeon who performs an operation without his patients consent commits an assault for which he is liable in damages”(Green&MacKenzie, 2007). The right to refuse medical treatment is reco...
American Medical Int’l, Inc. According to this theory, individuals’ decisions are guided by what they are supposed to do, not by consequences or effects. That is to say, a person’s action is ethically right if it coincides with a prevailing moral duty (“Deontological Ethics,” 2007). In the dilemma involving the patient Riser, Dr. Lang violated the theory of deontological ethics by not performing his duty of acquiring informed consent from the patient. By standard of conduct, Dr. Lang was supposed to present a consent form to Riser prior to the operation that would explain the procedure of a femoral arteriogram (although it was supposed to be bilateral arteriograms instead) and thoroughly explain the possible benefits and risks of the procedure. As a result, the patient should have the right to decide whether the femoral arteriogram should be performed or not. However, Riser was not aware of the femoral arteriogram at all. Therefore, deontological ethics should have been followed, which would advise Dr. Lang to follow the ethical duties of a healthcare professional, and those include obtaining informed consent from the
Margaret Cochran Corbin (1751-c.1800) fought alongside her husband in the American Revolutionary War and was the first woman to receive pension from the United States government as a disabled soldier. She was born Nov. 12, 1751 near Chambersburg, Pennsylvania, U.S.A., orphaned at the age of five and was raised by relatives. When she was twenty-one she married John Corbin. John joined the Continental Army when the American Revolution started four years later and Margaret accompanied her husband. Wives of the soldiers often cooked for the men, washed their laundry and nursed wounded soldiers. They also watched the men do their drills and, no doubt, learned those drills, too.
In the plaintiff’s suit, he alleged the surgery did not go well because the hospital had hired a surgeon, who was not competent or qualified enough to perform the surgery therefore; the hospital was just as negligent as the doctor was. Before the trial date, Dr. Salinsky and his insurance company, Employers Mutual Liability Insurance Company of Wisconsin, settled with plantiff out of court on the basis they will be released from the suit upon payment of $140,000 (Johnson v. Misericordia Community Hospital). Although, Salinsky settled with plaintiff prior to trial, there was still “question of whether he was negligent in the manner in which he performed the operation on July 11, 1975, remained an issue at trial, as it was incumbent upon the plaintiff to prove that Salinsky was negligent in this respect to establish a
Actress Jane Wyatt dies on October 20, 2006 at the age of 96. Reports say she passed away in her Bel-Air home in her sleep due to natural causes. Upon news of her passing, hundreds of websites and message boards mourn and exchange stories as to how this woman has affected their lives. An online guest book was immediately created in order for Jane Wyatt fans to congregate and write down their memories of her through television and film. The fans, although never meeting her in person, connect with her through a different level. The fans relate to her through the public eye, not simple as an actress, but as a friend, educator, and mentor. On the tragic day of October 20, 2006 Jane Wyatt's spirit moves on, but her legacy and achievements remain in our hearts, text books, television, and film till the end of time.
Gwen Harwood is a well renowned poet for her poems written during the 1950’s-90’s as she explores the realm of universal human concerns which are the source of her poetic inspiration, these include; love, friendship and memory. Today these concerns are still relevant in our society and are what connects us to each other and immortalises our sprit. Throughout many of Harwood poems she exposes her life in writing to create an intimate relationship with the paper. These documents create a personal account of the struggles and the love a woman feels in moments in changing times. This becomes evident in Harwood’s interpretation of marriage, motherhood and love. She uses symbolism and tone to hint to the undelaying meaning of the poems and the importance of them to her.
Regarding legally incompetent patients, these are patients who lack the ability to make legal choices, so that no right to refuse consent is involved. Therefore court-ordered life-saving treatment is not a subordination of patient choice. The court will usually order lifesaving or ordinary care, but treatment that is extraordinary is not required.
Paramedics deemed the patient competent and therefore Ms. Walker had the right to refuse treatment, which held paramedics legally and ethically bound to her decisions. Although negligent actions were identified which may have resulted in a substandard patient treatment, paramedics acted with intent to better the patient despite unforeseen future factors. There is no set structure paramedics can follow in an ethical and legal standpoint thus paramedics must tailor them to every given
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 Donald (Dax) case could have been handled well if the medical professionals allowed Dax to make his own decisions regarding his treatments and gave
Ruth Benedict’s anthropological book, Patterns of Culture explores the dualism of culture and personality. Benedict studies different cultures such as the Zuni tribe and the Dobu Indians. Each culture she finds is so different and distinctive in relation to the norm of our society. Each difference is what makes it unique. Benedict compares the likenesses of culture and individuality, “A culture, like an individual, is a more or less consistent pattern of thought or action” (46), but note, they are not the same by use of the word, “like.” Benedict is saying that figuratively, cultures are like personalities. Culture and individuality are intertwined and dependent upon each other for survival.
Morrison, E. E. (2011). Justice for Patients. In Ethics in Heatlh Administration-A Practical Approach for Decision Makers (p. 66). Sudbury, Massachusetts, United States of America: Jones and Bartlett Publishers.
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 ...
Neonatal resuscitation is intervention after a baby is born to strengthen it’s breathe or to boost its heartbeat. Approximately 10% of neonates require some assistance to begin breathing at birth, but only 1% require serious resuscitative measures. Informed consent regarding neonatal resuscitation is a constant ethical debate. This discourse ordinarily occurs between doctors and parents; parents often feel that the decision has been made for them, believing that they were not fully informed of any consequences that may occur before making their final action plan, or thinking that their opinion was not taken seriously; however, doctors see the procedure in a different light, that the parents can’t choose the best option for the child regardless of counseling, or performing as the parents wished but believing that the result could have differed if the parents had known all the effects that it will have further down the line, or convinced that they would have made a better
In 1942, Margaret Walker won the Yale Series of Younger Poets Award for her poem For My People. This accomplishment heralded the beginning of Margaret Walker’s literary career which spanned from the brink of the Harlem Renaissance of the 1930s to the cusp of the Black Arts Movement of the 1960s (Gates and McKay 1619). Through her fiction and poetry, Walker became a prominent voice in the African-American community. Her writing, especially her signature novel, Jubilee, exposes her readers to the plight of her race by accounting the struggles of African Americans from the pre-Civil War period to the present and ultimately keeps this awareness relevant to contemporary American society.
The sixth ethical issue arises when the client is denied access to his medical chart. Currently, HIPPA (2006) grants clients access to their medical records. An exception to this is if the information contained within the medical records is “reasonably likely” to cause harm to the client (HIPPA, 2006; APA, 2002). The records were unlikely to cause harm to the patient and, therefore, the client should have had access to them.