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Obtaining Surgical Consent from Patients

Obtaining Surgical Consent from Patients

Problem Statement

Currently health sector is experiencing a lot challenges regarding the consent of the patients before they undergo surgical process. Bearing in mind that informed consent is a legal and ethical requirement for the patient undergoing a surgery process, it becomes difficult to ascertain who should bear the liability of risks, harms and consequences associated with this process (Kim, et al., 2015). Many researchers and scholars have argued that informed consent indicates that the patient is aware of the procedures and outcomes of the surgery process (Grady, 2015). Therefore, in case of any of harms or risks during the process, the patient should not lay blame to the health care practitioner.  However, the early scholars’ fails to establish what are the remedies for the patient who suffers from the consequences of improper surgical procedure conducted by the doctor? Surgery without the patient consent and fail to observe due care by the health professionals has been termed as battery by the courts (Flinn, 2013). Courts have been only the last resort to fight for the infringed rights of the patients. Out this observation, this paper finds the informed consent between the patient and the health care professionals should bind both parties. Health care professionals should agree that they will undertake the surgical procedure as explained to the patient. On the other hand, the patient should agree that he or she is aware of the consequences. If the doctor to observe the procedural requirements that he or she should be held liable and compensate the patient. PLAGIARIZED SAMPLE-ORDER YOUR PAPER NOW

Research Questions

  1. Is it justifiable for the health care practitioners to sign informal consent document agreeing to compensate patient in case they fail to observe all the agreed surgical procedure requirements?
  2. If not, what should be done to ensure that the rights of the patients are not infringed?

References

Escobedo, C., Guerrero, J., Lujan, G., Ramirez, A., & Serrano, D. (2007). Ethical Issues with Informed Consent. E-Zine Journal: Youth Scientists and the Ethics of Current Science, Fall 2007(1), 1-8.

Flinn, J. J. (2013). Personalizing Informed Consent: The Challenge of Health Literacy. Saint Louis University Journal of Health Law & Policy, 2(379), 379-412. Retrieved from https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&cad=rja&uact=8&ved=0ahUKEwieyOWo1ujUAhUhLsAKHbV8CMEQFgg8MAQ&url=http%3A%2F%2Flaw.slu.edu%2Fsites%2Fdefault%2Ffiles%2FJournals%2Fflinn_article.pdf&usg=AFQjCNF1IXwPmDH7KqKepQA2KIlibLVIeA

Grady, C. (2015). Enduring and Emerging Challenges of Informed Consent. The new england journal of medicine, 372(9), 855-862. Retrieved from https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&cad=rja&uact=8&ved=0ahUKEwieyOWo1ujUAhUhLsAKHbV8CMEQFghCMAU&url=http%3A%2F%2Fwww.idcrp.org%2Fsites%2Fdefault%2Ffiles%2F2-26%2520Grady%2520C%2520%2520%25282015%2529%2520%2520Enduring%2520and%2

Kim, F. J., da Silva, R. D., Gustafson, D., Nogueira, L., Harlin, T., & Paul, D. L. (2015). Current issues in patient safety in surgery: A Review. Kim et al. Patient Safety in Surgery, 9(26), 1-9. doi: 10.1186/s13037-015-0067-4

The Joint Commission, Division of Health Care Improvement. (2016). Informed consent: More than getting a signature. Quick Safety, February 2016(21), 1-3. Retrieved from https://www.jointcommission.org/assets/1/23/Quick_Safety_Issue_Twenty-One_February_2016.pdf

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