Unit 4 Discussion - Domko
docx
keyboard_arrow_up
School
Park University *
*We aren’t endorsed by this school
Course
517
Subject
Health Science
Date
Dec 6, 2023
Type
docx
Pages
6
Uploaded by DeanTankMonkey27
Memo
Date:
11/08/2023
To:
Jeff Passmore, General Counsel, Bright Road Health System
From:
Keri Domko, Hospital Administrator
RE:
Mr. Davis
Problem:
Mr. Davis was given several diagnostic options for treatment of an undiagnosed
heart condition. He did not agree to all the options and expressed his wishes on what he
wanted and what he did not want. One of the procedures that he did not want was performed
during his treatment resulting in the need to be on medication to prevent blood clots and
follow up treatment. Mr. Davis has filed a negligence lawsuit against both the provider and
the hospital (Toolwire, n.d.)
Reason
for
Recommendation:
To determine the following:
Was informed consent obtained and how
What are the implications for the staff and the hospital
What could happen at trial
Should the hospital settle or go to court
Prevention of future incidents
Module 4:
Informed Consent
HA518
A
1
Failure to Obtain Consent
Keri M. Domko
Park University
HA517DL
:
Legal and Ethical Issues in Healthcare Administration
Dr. James Baird
November 8, 2023
Module 4:
Informed Consent
HA518
A
2
Problem Statement
Mr. Davis was given several diagnostic options for treatment of an undiagnosed heart
condition. He did not agree to all the options and expressed his wishes on what he wanted and
what he did not want. One of the procedures that he did not want was performed during his
treatment resulting in the need to be on medication to prevent blood clots and follow up
treatment. Mr. Davis has filed a negligence lawsuit against both the provider, Dr. Fredricks, and
the hospital (Toolwire, n.d.)
Informed Consent
According to the AMA (n.d.), patients have the right to receive information and ask
questions about recommended treatments so that they can make well-considered decisions about
care. In this case, Mr. Davis signed the informed consent, but clearly crossed out the part that
involved placing stents. Dr. Roso, radiologist, feels that Mr. Davis was pressured into the
procedure to begin with as he verbalized that he did not want the cardiac catheterization.
However, given all the information, with no indication that he was not offered alternative
options, Mr. Davis ultimately did sign consent for the catheterization but did not want the stints.
In fact, he even was present enough to initial and date the spot where he crossed out that portion
of the consent.
Implications
Implications to both the provider and the hospital are beyond the financial repercussions
of a lawsuit. Tawose (2008) states
in past tort cases, physicians have been found guilty of assault
and battery because they did not allow their patients to be the final decision makers about
undergoing a medical procedure. This could lead to criminal consequences for the provider in
addition to the civil consequences to hospital.
Trial Possibilities
One of the first legal cases concerning the acknowledgment of the patient’s right to be
informed and to self-determination about his/her health dealt with the American case Shloendorff
v. New York Hospital in 1914. The landmark judgment about the aforementioned judicial matter
stated that “… Every human being of adult years and sound mind has a right to determine what
shall be done with his own body; and a surgeon who performs an operation without his patient’s
consent, commits an assault, for which he is liable in damages
…
(Pallocci et al., 2023)” This means
that if Mr. Davis’ case goes to trial, Dr. Fredericks could face assault charges and a jury could award Mr.
Davis an exorbitant monetary award.
Module 4:
Informed Consent
HA518
A
3
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
Settlement vs. Court
LSU (n.d.) states every human being of adult years and sound mind has a right to
determine what shall be done with his own body; and a surgeon who performs an operation
without his patient’s consent commits an assault for which he is liable in damages. This is true
except in cases of emergency, where the patient is unconscious and where it is necessary to
operate before consent can be obtained. With this being the case, and evidence clearly shows that
Dr. Fredricks failed to adhere to Mr. Davis’ wishes while being employed by Bright Road, it
would behoove the organization to settle with Mr. Davis rather than risk the serious
consequences of going to trial.
Prevention
Recommendation is that full review of consent forms be added to the pre-procedure time-
out to ensure that patient wishes are adhered to. This will necessitate a training plan and
enforcement of the hospital policies that are already in place. According to Tine Health (2022),
t
raining solidifies employees’ existing skills and helps them improve in lacking areas. An
effective training program spots individual areas of improvement in order to address them
properly. This enables every staff member to be independently effective when it comes to
performing their roles without relying on fellow employees who are more experienced with
specific tasks.
Module 4:
Informed Consent
HA518
A
4
References
AMA. (n.d.).
Informed consent
. AMA. https://code-medical-ethics.ama-
assn.org/ethics-opinions/informed-consent
Failure to Obtain Consent
. Toolwire. (n.d.).
https://canvas.park.edu/courses/77636/modules/items/55750
93
LSU. (n.d.). Battery-No Consent.
https://biotech.law.lsu.edu/map/BatteryNoConsent.html
Pallocci, M., Treglia, M., Passalacqua, P., Tittarelli, R., Zanovello, C., De Luca,
L., Caparrelli, V., De Luna, V., Cisterna, A. M., Quintavalle, G., & Marsella,
L. T. (2023, January 24).
Informed consent: Legal obligation or cornerstone
of the care relationship?
. International journal of environmental research
and public health.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9915667/
Tawose, O. M. (2008, August 1).
The legal boundaries of informed consent
.
Journal of Ethics | American Medical Association.
https://journalofethics.ama-assn.org/article/legal-boundaries-informed-
consent/2008-08
Tine Health. (2022, August 25).
How to Develop Effective Hospital Training and
Development Programs
. Tine Health.
https://tinehealth.com/2017/05/02/how-to-develop-effective-hospital-
training-and-development-programs/#:~:text=How%20to%20Develop
%20Effective%20Hospital%20Training%20and%20Development,Hospital
%20Training%20Objectives%20...%205%20Tine%20Health%20
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help