...Medical Malpractice and Informed Consent In order to prove that Dr. Green was negligent in her treatment of Mr. Parker the plaintiff needed to prove that Dr. Green did not perform her duty, breached her duty, caused the injures, and that she suffered damaged. In this case, Dr. Green did not exercise reasonable care under the circumstances by not following the manufactures stated dosing instructions and prescribing the incorrect dose in both oral and written instructions. Dr. Green violated her breach of duty by failing to meet the applicable standard of care. It would be hard to argue that others physicians would have prescribed the incorrect dose in their standard treatment of care. It is my opinion that plaintiff would succeed in proving that Dr. Green did not perform her duty and breached her duty. While the statement of facts presented does not state the amount that is needed to overdose on pentamite or what effects of an incorrect dosage will have on an individual taking pentamite, the plaintiff could argue that taking the prescribed dosage of 10 times the stated dose by the manufacturer for two weeks caused the heart attack that ended Mr. Parker’s life. Dr. Green could argue that the dizzy spells were a sign of a medical condition that no matter what treatment she gave, the heart attack that ended Mr. Parker’s life could have happened and she did not cause it. In order to estimate the success of this claim I would need more information about pentamite and need...
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...INFORMED CONSENT IN EMERGENCY SITUATIONS 1 INFORMED CONSENT IN EMERGENCY SITUATIONS IVA SHIELDS LEGAL & REG ISSUES-HLTH INFO / HIT 220 PROFESSOR: ANDREA THOMAS INFORMED CONSENT IN EMERGENCY SITUATIONS 2 A patient has the legal right to be informed and knowledgeable concerning any procedure performed by all medical personnel. The fact that an emergency situation has occurred does not change those rights. Being in a vulnerable state of mind when facing an emergency situation can be scary enough without facing the situation uninformed and unknowledgeable as to how the circumstances may affect you and your family. We, the patient or patients are protected by rights that are put in to place to help reassure us that we will receive the best care possible, without the fear being taken advantage of or our lives taken for granted. Informed consent is defined as a voluntary agreement given by a person or a patients' responsible proxy (for example, a parent) for participation in a study, immunization program, treatment regimen, invasive procedure, etc., after being informed of the purpose, methods, procedures, benefits, and risks. The essential criteria of informed consent are that the subject has both knowledge...
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...Some of these rights are: informed consent, right to refuse treatment, advance directives, confidentiality, and information security. The American Hospital Association’s Patient Care Partnership (formerly the Patient Bill of Rights): http://www.aha.org/advocacy-issues/communicatingpts/pt-care-partnership.shtml Autonomy provides the basis for informed consent. Consent is required for all care given in a health care facility or hospital. Some consent is implied, while other procedures and treatments require written consent. For example, consent is implied when a patient allows a medical assistant to perform vital signs. A written consent is required when a patient is undergoing surgery. Consent laws vary by state. In general, a consent must be signed by an adult who is competent to make decisions. The health care professional performing the procedure must fully explain the procedure and the person signing the consent must be capable of understanding the...
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...Table of Contents I. Informed Consent A. Patient B. Healthcare Professional C. Consent for others D. Competencies II. Consent Forms A. Emergencies/Non-Emergencies B. Authorization C. End of Life Decisions III. Legal A. Processes B. Malpractices IV. Conclusion V. References The concept of the informed consent is always a subject that is uncertain. An informed consent can be presented as an understanding of the fact and implications. When giving informed consent, the person must have all the facts at the time of consent is needed. Concepts It is extremely important that a patient must be provided all the information needed to give consent and not encouraged or forced by any medical staff member. The patient should also be in right mind before consenting to any procedure. If the patient is under the influence of medication, the consent will have to be given to the next of kin. The physician is responsible for providing all details of the procedure and treatment that will occur to the patient. This conversation should also be noted in the patient’s medical record. The physician has the right to assign another staff member to obtain the informed consent form, but only if the physician has performed the requirements needed. When consent is needed from other family members, the physician is required to provide the family member the details of the treatment. Also, the patient must consent to render his/her voice to...
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...educational and training programs provide the tools required to move toward s Energized, committed and educated employees make a positive difference in a patient’s healthcare experience; untrained and undereducated employees lead to potentially unsatisfactory service situations. This is critically important since most malpractice claims and lawsuits are pursued based on patients’ feelings about those potential communication and service lapses. Developing the Loss Control Culture Research consistently shows that often the cause of malpractice claims is miscommunication and service lapses, not actual malpractice. A loss control program that focuses on eliminating service and communication lapses and stresses the importance of service excellence creates an environment where everyone wants to work and practice. More importantly, an environment is created in which the patients feel both cared about and respected. Informed Consent for You – Going on the Offensive Informed consent claims continue to plague physicians across the country. Research shows that although these claims may be among the easiest for a plaintiff to pursue, they can also be the easiest to prevent. Informed consent, often thought of as an overly defensive mechanism, is actually a...
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...American Medical Association revolutionized medicine in the United States. Members of this newly formed organization, met in Philadelphia as the first national professional medical organization in the world, dedicated themselves to establishing uniform standards for professional education, training, and conduct. They unanimously adopted the world's first national code of professional ethics in medicine. For more than 160 years since, the AMA's Code of Medical Ethics has been the authoritative ethics guide for practicing physicians. Ethics in Hand are pocket-sized guides to the Code of Medical Ethics for physicians and medical students. The Code articulates the enduring values of medicine as a profession. As a statement of the values to which physicians commit themselves individually and collectively, the Code is a touchstone for medicine as a professional community. It defines medicine’s integrity and the source of the profession’s authority to self-regulate. At the same time, the Code of Medical Ethics is a living document, evolving as changes in medicine and the delivery of health care raise new questions about how the profession's core values apply in physicians' day to day practice. The Code links theory and practice, ethical principles and real world dilemmas in the care of patients. The next time you hear a monotheist tell a non-believer that morals come from the Bible or that moral reasoning cannot provide an ethical code of conduct; point them to the body of Medical Ethics...
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...Primary Care and Health Management 4419-601 Managing Medical Ethics and Legal Requirements in a Primary Care and Health Environment TABLE OF CONTENTS TASK | PAGE | Task 1Managing medical ethics is a fundamental part of a Manager’s role. It is the responsibility of the Manager to understand the guiding principles of medical ethics and apply them within the organisation | | a) Reflect on the journey of medical ethics and interpret how the principles of the Hippocratic Oath are applied within your organisation………………………………….………… | 4 | b) Examine your workplace with reference to its compliance with the legal and ethical requirements of holding, using and accessing data………………………………………….………. | 6 | c) Evaluate your role as a manager in ensuring compliance with the principles of medico-legal ethics in relation to duty of care ………………………………………………………… | 8 | d) Regulatory bodies are used as a means of support in the event of fraud and malpractice. Analyse the route or course of action you would follow if you were to identify evidence of potential fraud or malpractice within your organisation…………… | 9 | Task 2There are a variety of medico-legal requirements affecting healthcare organisations and the Manager is required to understand how these requirements impact not only on the medical profession but on the organisation as a whole. | | a) Review relevant medico-legal requirements relating to consent and capacity, affecting your organisation………………………………………………………………………………………...
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...Assisted Suicide Yusuf J. Shalah HSA 515 Dr. James Coon 1. Explain how the Patient Bill of Rights applies to the situation. With regards to this situation, the Patient’s Bill of Rights was established to contribute to more effective patient care, and to ensure that care is considerate and respectful, and more importantly, to ensure a health care ethic that extends that respect to a patient’s role in decision-making about treatment choices and other aspects of their care. “These rights can be exercised on the patient’s behalf by a designated surrogate or proxy decision maker if the patient if the patient lacks decision making capacity, is legally incompetent or is a minor.”(Aha, 1993) Mrs. Jones, in our scenario, is a patient evidently suffering from a terminal illness possibly in its latter stages, or possibly a fresh diagnosis. In either situation, from the information provided Mrs. Jones has made no declaration, or request, agreement to receiving an extra dose of a narcotic which could potentially end her life. Thus, Nancy nurses’ decision to administer this extra dose is not only capable of killing her, but is also premeditated. There is no consideration to her wishes, those of her family, and a blatant disregard of any other health professionals involved. If you are to be justified in helping someone to die (assisted suicide), the person you are going to ‘help’ must have made it clear that they want to be killed. “A unilateral decision that is...
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...to patients’ rights and responsibilities o Patients’ Responsibilities (slide title) Present a complete medical history Your needs why being attended Follow treatment plan Follow organization’s rules Speaker Notes As a patient you have the responsibility to inform the organization treating you with a complete medical history. This is so that the organization can be aware of what problems might arise while treating you and so that they will know what the best way to treat you is. As a patient you also have the responsibility to tell the organization treating you what your needs are while they are treating you. The patient also has the responsibility to follow the treatment plan set by the organization treating them. The organization has given them this plan so that they will continue to get better. Another responsibility of the patient is to follow the rules of the organization that is treating them. New York- Presbyterian. (2012). Patient Rights and Responsibilities. Retrieved from http://nyp.org/patients/patient-rights.html o Patients’ Rights (slide title) Consent Right to Treatment Advance Medical Directives Privacy and Confidentiality Speaker Notes There are certain rights all patients have at both a federal and state level. The right to consent; “Consent, particularly informed consent, is the cornerstone of patients’ rights. Consent is based on the inviolability of one’s person. It means that doctors do not have the right to touch or treat...
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...decision making. This paper will discuss the legal, ethical, social, and personal factors that can impact our decision making process, with the focus on two specific case studies. American Nurses Association Code of Nursing Ethics Role in Practice The American Nursing Association (ANA) has created a set of ethical standards for the profession of nursing to abide by, which is entitled the ANA Nursing Code of Ethics. The ANA Code of Ethics states that collaboration is central to the care nurses deliver and to their ethical commitment to the patient (Garity, 2005). In the end-of-life case study, the nurse (she) has an unwritten obligation to the patient; the family appears to be in conflict with how to proceed with the patient's medical treatment. The medical team has an obligation to give the family all of their options and possible outcomes. If the family remains in conflict, it would then be appropriate for her to refer the family to the Patient’s Ethics Committee. Referring the family to the committee allows the family to make the final decision of what would be the most favorable outcome for the patient. The critical thinking exercise, however has more of an individual ethical dilemma. This includes the ethical principles of justice and veracity. She should reflect on her own values to determine what is ethically and...
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...------------------------------------------------- term paper Investigate patient’s rights. What are some of prevalent difficulties patients and providers encounter? Suggest some best practices solutions December 6, 2015 HSC 3661: Communication Theory and practice for health professions Fall 2015 December 6, 2015 HSC 3661: Communication Theory and practice for health professions Fall 2015 A patient is the utmost vital being in the institution. A patient is not just reflected as someone who is under medical care or treatment but, also someone who is a client of any medical service. As a patient, an individual should be considered as a partner in your hospital care. With this being said, they have personal preferences and values that a medical establishment should encourage and respect. As a patient, one has certain privileges, patient rights, of which are basic rules of conduct between patients and medical caregivers as well as the institutions and people that support them. (patient rights, n.d.). Once the entering of a medical establishment and being bombarded with a voluminous amount of documents during registration, how many of us are guilty of just signing and initialing our name at the bottom of the document without essentially reviewing it? Majority of the time, people tend to not realize their precise rights, as a patient, at the time of their care. When I asked one of my co-workers to list off their rights as a patient she barely knew anything. “To be quite frank, I honestly do not know my complete...
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...Accountability of Nursing Professionals for Patient Safety Practices Related to Informed Consent Lavonia Deanne Bishop Grand Canyon University NURS-430V Professional Dynamics 23-Aug-2010 (0106) September 19, 2010 Accountability of Nursing Professionals for Patient Safety Practices Related to Informed Consent Accountability in nursing can be defined as the state in which the nurse is responsible for upholding a professional agreement with the patient to provide services and be held answerable for the outcomes of behaviors related to these services (Hood, 2010). One of the main areas we are held accountable for as professional nurses is the safety of our patients. After an evidence-based review of patient safety practices, the Agency for Healthcare Research and Quality has identified numerous opportunities for quality improvement. The practices identified were rated by strength of evidence, with the highest rated being listed first. This paper will examine practice number five, asking patients to recall and restate what they have been told during the informed consent and the responsibility of the professional nurse in this process. The Informed Consent Process According to Terry (2007) informed medical consent occurs when a patient autonomously and expressly permits a professional to perform a medical act on that patient or include the patient in a research project. Patients are now encouraged to be more informed consumers and take an active part in their own healthcare. Terry (2007)...
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...into her final rest on October 4, 1951. What made her demise different from other related death, is that her cancerous cells changed medical history. Henrietta cancer cells killed her, it metastasized throughout her...
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...a hemorrhagic stroke must decide what measures they want the hospital staff to take to either sustain her life or if they want to deny any or all life-saving steps. In this instance, the father and children are at odds in their decision. The next case presents malpractice lawsuit scene where a nurse is called to testify on behalf of the patient against the negligent nurse and hospital. While these situations are vastly different, they share two inherent questions: What is the ethical thing to do? What is the nurse’s legal obligation? Each case study produced different legal questions. In the first case study the family of the patient could not agree on a course of action. There was no advance directive and the patient was not conscious. The husband of the patient in this case is the legal next of kin and is therefore legally responsible for making health care decisions for his wife when she is unable to do so. The children of the patient could challenge their father in court. A court battle would prolong any treatment the husband may deem necessary for his wife. The nurse has an obligation to the patient’s family as well as the patient. In the second case study, a nurse is called to testify in a malpractice case in which she had witnessed another nurse being negligent. The witnessing nurse previously reported the negligent nurse to administration and must now...
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...in Nursing NUR/391 July 28, 2013 Mary Nicks, MSN, RN Ethical and Legal Issues in Nursing In this paper ethical and legal issues will be reviewed concerning the decisions and responsibilities of the nurse in the case of Marianne who has had a stroke and the decisions that the family is facing for treatment or end of life care. The legal and ethical issues in a malpractice case that occurred several years ago and the responsibility of the nurse to her employer, the nurse being sued, the client in question, and the institution’s client will be reviewed. The areas that will be reviewed include how the American Nurses Association Code of Ethics would influence a final decision in each case study, how personal and societal values can influence the ethical decision making, the fundamental legal aspects of each case study, and the legal responsibility of the nurse in the work setting. The ANA code of Ethics must be followed in practice and is an especially useful tool when there are difficult legal and ethical issues that arise in nursing practice. In the example of the malpractice case for negligence, as a witness to questionable practice, it is the nurse’s primary responsibility to protect the safety of the patient. Although the nurse was correct in reporting the episode to administration, she also had a duty to counsel the nurse about the inappropriate standard of care. The ANA is clear that when a nurse is aware of questionable practice the person must be...
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