Informed Consent in Medical Procedures A Case Analysis

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West Coast University *

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305

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Medicine

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Nov 24, 2024

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4

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1 Informed Consent in Medical Procedures a Case Analysis Student’s Name Course Name and Number Institution Professor’s Name Date Submitted
2 Informed Consent in Medical Procedures a Case Analysis Introduction Medical ethics and the law place a high value on obtaining patients' informed consent before performing any operations that can affect their health. Medical professionals risk legal action if they fail to properly get patients' informed permission. Smith v. St. Joseph's Hospital, Inc. is a case that examines whether or not a patient was provided adequate information to make an informed decision about medical treatment. Facts of the Case Mr. John Smith, 45 was a patient at St. Joseph's Hospital, Inc. who had surgery to repair a herniated disc in his lower back (Smith v. St. Joseph's Hospital, Inc., 1994). The physician briefed Mr. Smith about what was to happen but did not warn him about the dangers and consequences, such as nerve damage and infection, that may arise as a result of the operation. Mr. Smith suffered extensive nerve damage during the operation, leaving him in constant discomfort and unable to fully recover his previous level of movement. Mr. Smith sued St. Joseph's Hospital, Inc. saying he was not given adequate information to make an educated decision about undergoing surgery. Decision (Holding) of the Court The court agreed with Mr. Smith's argument that St. Joseph's Hospital, Inc. should not have proceeded with the operation without his fully informed permission. In order for patients to make an educated decision about their healthcare, the court ruled that doctors must give them all relevant information regarding their proposed treatment or operation (Jaramillo Vélez et al.,
3 2020). A violation of that duty has occurred here since the dangers and consequences of the procedure were not disclosed. Reasoning of the Court The court's ruling was predicated on the idea that patients have an inherent right to give their informed permission before receiving any medical care (Jaramillo Vélez et al., 2020). The court reaffirmed that before consenting to medical treatment, patients have a legal right to know all of their possible outcomes. A person's right to informed consent was violated when St. Joseph's Hospital, Inc. withheld information from Mr. Smith concerning the dangers and difficulties that may arise from his surgery. Elements of Informed Consent St. Joseph's Hospital, Inc. informed consent was invalid because it did not give Mr. Smith enough information about the potential dangers of the surgery. His assent was not truly voluntary since he did not have all the facts. Disclosure must be understandable, the patient must be mentally competent, and the permission must be freely given (Jaramillo Vélez et al., 2020). The wrong informed consent was obtained because St. Joseph's Hospital, Inc. lacked these features. Conclusion Patients' rights and independence must be safeguarded at all times, making informed consent an essential component of medical care. The judge in Smith v. St. Joseph's Hospital, Inc. ruled the patient had a right to know all relevant information regarding the medical treatment options. Providers of medical care risk severe legal repercussions if patients do not give their informed permission. Before getting a patient's permission for any medical operation, healthcare providers must ensure that the patient understands both the potential downsides and upsides.
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4 References Jaramillo Vélez, A. G., Aguas Compaired, M., Granados Plaza, M., Mariño, E. L., & Modamio, P. (2020). Assessment of the quality of patient information sheets and informed consent forms for clinical trials at a hospital neurology service. European Journal of Neurology , 27 (10), 1825-1831. Smith v. St. Joseph's Hospital, Inc. , 210 A.D.2d 36, 619 N.Y.S.2d 709 (N.Y. App. Div. 1994)