Pozgar, G. D. (2016). Legal aspects of health care administration (12th ed.). Burlington, MA: Jones & Bartlett Learning.
Why do you think informed consent is necessary in our modern society? In your opinion, if we remove the liability (right to sue) for lack of informed consent, will that enable doctors to provide better and faster care to patients? Why, or why not?
Consider the following scenario. A patient was being admitted to the emergency room (ER) for dizziness. He also had a dry mouth and blurry vision. The doctor treating him stated that he was exhibiting symptoms of diabetes. The bloodwork and other preliminary tests confirmed the diagnosis of prediabetes. After the patient was stabilized and conscious, the doctor gave him discharge instructions. The doctor told the patient that the patient could control his condition and avoid developing diabetes and the need for medication if the patient reformed his diet. The doctor prescribed nutritional counseling and follow-up visits with the patient’s primary physician. The patient asked for medication instead, and the doctor told him that lifestyle changes would resolve the issues and diabetes could be prevented without the need for medication. The patient goes home and decides that he does not want to make a lifestyle change and would rather just wait until he needs the medication because it will be easier. He ignores the doctor’s instructions and forgets all about them. After several months, he starts to have numbness in his toes, but since it does not hurt, he ignores it. Eventually, he starts to have the same symptoms he had before in addition to the numbness. He faints at home and is rushed to the emergency room. A different doctor treats him and assesses his situation. He is diagnosed with Type 2 diabetes. He now has permanent nerve damage in his foot and is prescribed a very expensive medicine he will probably be on for the rest of his life. Since his last ER visit, he has lost his job and only has the minimum of health insurance that does not cover the medication. The patient sues the first ER doctor for negligence. He claims the doctor did not clearly explain the risks and should have put him on medicine right away like he asked.
For this case study assignment, you will compose an essay response of at least two pages in which you explain the following issues:
the rights and responsibilities of both the patient and the physician in a situation involving informed consent,
the arguments the patient in this scenario could use to justify bringing a negligence lawsuit against the first ER physician,
the steps the patient in this case would follow in order to file a negligence lawsuit involving informed consent against the first ER physician, and
how the physician could defend himself against a negligence lawsuit.
In order to respond to this case study, you will need to research at least two legal cases that demonstrate the physician’s defense you have proposed. Briefly explain the issues of the two cases you cite, and describe the outcomes.
How do they relate to the above scenario? Do you agree with the court’s decisions in the two cases? Why, or why not?
Be sure to use proper APA formatting, citations, and references in your response to this assignment.
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