HSM 542 Wk 5 You Decide Assignment Lydia Bevins - Copy
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November 20, 2023
You Decide Week
5
Little Falls Hospital Case Lydia Bevins
Elizabeth Frazier
KELLER GRADUATE SCHOOL OF MANGEMENT
PROFESSOR GOMILLION
Little Falls Hospital Case /You Decide Week 5
Assignment Details
The CEO of the hospital, Felicia Larue, has requested that you provide
some background on the patient's condition and other possible steps the
hospital may take to guarantee that patient rights are upheld. Hospital
risks are kept to a minimum.
Here are the key elements of this case, the laws and legislature that could
be applied to it, and the legal actions the hospital might take to appease
the parties involved in the situation.
The tactics and suggestions must be as detailed as feasible, together with
the resources required for execution. You must cite your original material,
journal articles, and online research to support your analysis.
Introduction:
LYDIA BEVINs, was involved in a car accident more than six months ago and has been
undergoing therapy to prolong her life. Although, Lydia's injury has left her crippled and unable to speak.
Lydia is unable to speak and can only nod her head, so doctors have not determined whether or not she is
completely handicapped. The medical staff is unclear if Lydia can understand enough information to
make her own decisions about her treatment at this stage.
First and foremost, the hospital needs to make sure the patient is aware of their surroundings and
capable of making decisions. In the event that this is not the case, no family members are present, and an
advance directive is not in place, the hospital may administer care under specific conditions.
The legal theory of Statutory Consent permits the hospital to treat the patient. This theory permits
the provision of emergency care. In most states, consent is not required in an emergency. The law
presumes that a reasonable person would consent to life-saving medical intervention in situations where a
patient is clinically unable to give consent for life-saving emergency treatment (Pozgar, 2011).
In this particular case, Lydias’ husband has the "legal authority to make determinations on behalf
of his wife, since he is her official guardian and surrogate decision maker," under the New York Health
Care Proxy Law (New York State, The Medical Staff informed Mr. Bevin, that his wife has requested life-
Little Falls Hospital Case /You Decide Week 5
sustaining assistance be stopped. However, Lydia's mother is unable to accept the choice to aid.
After four years of marriage, Lydia's spouse said that they both understood that she was never
going to want to have herself kept alive in this way.
She would not have chosen to live this way; we have
discussed end-of-life alternatives on several occasions. Before our union, Lydia had finished her advanced
directive. We had a lot of conversations about our health, our preferences for nursing care and end-of-life
care. But as of right now, we have no idea where it is, and our attempts to get a copy have failed. As her
guardian, it is my responsibility to decide on this.
Here are some of the recommendations made in the Case of Lydia Bevins.
Lydia, the primary
issue in this case is that of informed consent. If Lydia is not competent to make decisions measures will
need to be taken to ensure that she receives proper care and that the hospital is acting ethically and legally.
There are a few recommendations that should be followed to make sure that the hospital is acting in the
best interest of Lydia while reducing its liability.
The healthcare facility will be able to treat Lydia under statutory consent if the attending doctor or
her family cannot be reached. However, in order to guarantee that the hospital is treating Lydia in
accordance with statutory consent, Lydia's medical records must be accurate and comprehensive, detailing
all of her conditions.
Whenever possible, a second medical opinion and every effort should be made to get in touch
with the attending physician and any potential family members. In situations where there is uncertainty
regarding the existence or validity of consent, judicial consent might be required.
Periodically, when a court is not in session, judicial intervention is required to grant authorization
on an emergency basis. Only when all other options have been completely exhausted and the case cannot
wait for a decision during the court's regular business hours should a judge be contacted (Pozgar, 2011).
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Little Falls Hospital Case /You Decide Week 5
In the event that Lydia's family is unable to provide ongoing care, the court will be Lydia's
guardian. The state laws controlling this decision-making process will determine the guardianship
arrangement. In order to maintain the objective standard, the attending physician and staff must continue
to carry out procedures that fall under the purview of this guardianship (Pozgar, 2011).
Employees are required by the objective standard to behave in a way that is consistent with the
decision-making process: "A reasonable person in the position of the patient would have agreed to the
procedure or therapy in controversy if properly apprised of all significant perils." Per Pozgar (2011) By
implementing these suggestions, the hospital can reduce the likelihood of lawsuits while still giving Lydia
the best care possible.
Reference
1.
Amazon.com: Legal and Ethical Issues for Health Professionals eBook : Pozgar, George D.: Kindle Store
.
(2023). Amazon.com.
https://www.amazon.com/Legal-Ethical-Issues-Health-Professionals-
ebook/dp/B07KJMB439
2.
Legal and Ethical Issues for Health Professionals
. (2013). Google Books.
https://books.google.com/books/about/Legal_and_Ethical_Issues_for_Health_Prof.html?id=ZhC-
f1ImqRsC
Little Falls Hospital Case /You Decide Week 5