Question 1
The ethical issue highlighted in the case is the importance of informed consent in healthcare. Informed consent means that patients must receive adequate information about their condition so that they can make an educated decision about the treatment. Therefore, physicians should explain the benefits, risks, and possible side effects of the treatment (Gallagher, 2015). Additionally, a physician should inform the patient regarding alternative treatments. Although informed consent does not guarantee positive outcomes, it ensures that a patient understands the risks associated with the treatment. Additionally, it creates trust between a patient and doctor by fostering a good understanding of the situation. With good communication between the two parties regarding options and risks, physicians may face lower risks of legal actions and the patient will make the best choices for themselves.
Question 2
Mary Schloendorff, the plaintiff and an elocutionist from San Francisco, was admitted to New York Hospital in January 1908 so that they could evaluate and treat her stomach disorder (Bolsin and Saunders, 2012). She was admitted in the hospital for a few weeks before the house physician, Dr. Bartlett, diagnosed her with fibroid tumor. Furthermore, the visiting physician, Dr. Stimson, recommended surgery but the plaintiff refused (Bolsin and Saunders, 2012). However, she consented to a critical examination under ether anesthesia. During the examination, the doctors performed surgery and removed the fibroid tumor. The plaintiff developed gangrene in her left arm that caused amputation of some of her fingers. The plaintiff blamed the surgery for her loss and filed suit against the hospital. Her testimony is that the surgery was done without her knowledge and consent (Lundmark, 1995). However, her testimony was contradicted by most attendant nurses and both Dr. Bartlett and Dr. Stimson.
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Question 3
According to the case, the complaint was not merely negligence but trespass. Every human being of sound mind and adult years has the right to determine what should be done to their bodies and any surgeon who conducts an operation in the absence of patient consent is committing an assault and should be liable in charges (De Bord, 2019). The statement is true except in situations where the patient may be unconscious, and it is crucial to conduct the operation without consent. Additionally, a hospital should not be held liable for the mistakes of nurses and physicians in patients’ treatment.
Question 4
Complying with the code of ethics is the best solution. According to the Code of Medical Ethics, informed consent is necessary for both law and ethics (Smith and Sanfilippo, 2017). Patients have a right to ask questions and receive information about recommended treatments to ensure well-considered decisions. Moreover, effective communication between the physician and patients supports shared decision making and supports trust. The first step involves assessing a patient’s ability to understand and evaluate relevant medical information and the outcome of treatment alternatives while making voluntary and independent decisions. The second step involves presenting the relevant information sensitively and accurately to the patient. The physician should ensure the record the diagnosis, purpose of recommendations, expected benefits, burdens, and risks associated with the treatment (Smith and Sanfilippo, 2017). The informed consent should be written, signed, and recorded.
Question 5
The main advantage of informed consent is that the patient is aware of all treatment alternatives and that they will be involved in the entire process. Also, the physician and other stakeholders in the hospital are protected against legal action because of the patient’s decision (Hall, Prochazka, and Fink, 2012). Some of the challenges regarding informed consent include patient autonomy and patient comprehension (Hall, Prochazka, and Fink, 2012). It is important to note that most patients’ decisions are influenced by their support systems such as family and friends. Moreover, patients remember little of the information provided during the informed consent process.
References
Bolsin, S., and Saunders, K. (2012). Informed consent in medical practice. Trends in Urology and Men’s Health.
De Bord, J. (2019). Informed Consent. Ethics in Medicine. Retrieved from https://depts.washington.edu/bioethx/topics/consent.html
Gallagher, A. (2015). The Importance of Patient Informed Consent. Gallagher Healthcare. Retrieved from https://www.gallaghermalpractice.com/blog/post/the-importance-of-patient-informed-consent
Hall, D. E., Prochazka, A. V., & Fink, A. S. (2012). Informed consent for clinical treatment. CMAJ , 184 (5), 533-540.
Lundmark, T. (1995). Surgery by an unauthorized surgeon as a battery. JL & Health , 10 , 287.
Smith, S. R., & Sanfilippo, J. S. (2017). Informed Consent: The More You Know, the More You and Your Patient Are Protected.
