Privacy and Informed Consent
The U.S. Healthcare System continues to evolve and develop delivery strategies of affordable high-quality health services to all individuals. Striving to make available superior advances in U.S. health, healthcare providers delivery options, solutions and/or treatments for the American populace.
Delivery of excellent healthcare involves a multitude of dynamics including an extremely straightforward requirement of a patient’s permission for treatment or procedure. Informed consent, a patient’s authorization, consist of communiqué between healthcare provider or physician and the healthcare consumer, providing sufficient information allowing the patient to make a knowledgeable decision regarding healthcare treatment
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and Dr. James Dowling et al. was presented to a medical review board, then ultimately in the Louisiana Court of Appeals, 4th District demonstrating the importance and necessity of informed consent. Between 1963 and 1973, Mr. Milton Lugenbuhl experienced three inguinal hernias and unsuccessful surgeries, ultimately receiving a successful mesh surgery in 1974. Ten years later, Mr. Lugenbuhl experienced another hernia following open-heart surgery, seeking the expertise of Dr. Dowling and requesting a surgery involving mesh to repair the defect. Dr. Dowling performed the hernia repair without using mesh, professing the mesh was not worth the risk of infection and the size of the hernia did not require a mesh closure. Subsequently, the plaintiff, Mr. Milton Lugenbuhl filed an action against Dr. John Dowling, specifically for not using a surgical mesh, requested by the patient, Lugenbuhl, to repair the hernia, seeking damages incurred from additional surgeries due to additional hernias (Lugenbuhl v Dowling). According to court documents, the trial judge rendered a directed verdict to the jury to return a favorable verdict for Dr. Dowling on the medical malpractice, as there was not enough evidence. Next, the jury awarded $300,000 in favor of the plaintiff finding Dr. Dowling liable for medical malpractice and failure to obtain informed …show more content…
A physician who does not provide this to his/her patient may be liable for battery or negligence in the light of the doctrine of informed consent (Thorton 2000). As patients are entitled to this information, physicians possess a duty to disclose regarding risks and hazards, while performing the procedure or treatment as agreed with the patient. If the doctrine of informed consent did not exist, physicians would be able to perform medical treatments, procedures, without a patient’s consent or full knowledge of the perils of healthcare. In addition, healthcare demands trust which is necessary between patients and physicians in order to deliver beneficial health outcomes. If the doctrine of informed consent is not performed between the patient and physician, then trust diminishes resulting in poor health outcomes (Roach 2014). An example of deliberate harm due to uninformed consent exist in the research conducted in the Tuskegee experiment, where treatment was withheld and subjects were not informed of their illness or available treatments (CDC 2013) resulting in poor health and
Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed
Another issue with the implementation of Informed consent arises when the patient waives the right to Informed consent and leaves the right to make the decision on the physician. Though legally correct, this can cause psychological stress for the physician especially when the decision is about a life threatening medical condition. Moreover, this also makes the patient vulnerable to abuse. (Manthous, DeGirolamo, 2003)
When a patient needs to have a medical procedure performed, they must first consent to the procedure. Before accepting or rejecting the treatment, the practitioner is required to give the patient information pertaining to the risks and benefits of the procedure, as well as available alternatives. Additionally, the patient must be mentally competent enough to make an informed decision, and not be manipulated or coerced into a decision.
Informed consent is supposed to show that the patient has been informed of the possible risks or consequences, typically for treatment they are agreeing to receive from a doctor. A person might be faced with giving informed consent in research settings, specialized treatments, and/or routine appointments with any health care provider. In the medical field physicians must obtain informed consent from every patient/patient representative in order to treat the patient without leaving themselves open to a lawsuit for negligence.
Informed Consent allows a doctor to render treatment to a patient. By signing the document states that the patient understands the circumstances and what is required. This paper is to analyze the consent and non-consent, and ethical issues that can become a problem.
Informed consent is commonly obtained from patients for medical treatment procedures and protocols. While it may serves as a litigated protection and assurance for healthcare professions to confidently perform their duties as healthcare providers, informed consent also ensures patient’s understanding and acknowledgement of their involvement in multiple medical interventions pertaining to their health. As the patient sign these consent documents, they might be unaware of the existence of uncertainty in medical practice. Medicine is the evident of probability because we are not physiologically created equal. Therefore, medical uncertainty is inevitable and physicians have to face tough choices to make a decision they believe to be in patient’s
Health care delivery in the United States is a complex system that is conditionally changing. New policies, physician availability, insurance trends, technology, population growth, and cultural influences shape patient access (Shi & Singh, 2013, p. 353). Health care reform is a highly debated topic in America today. By adding funds to the current system it is treating the symptoms and not addressing the cause of the delivery system problems (Moyers, 2009). There are many aspects of the health system that need to be evaluated and improved in the near future (Wexler, et al. 2014).
Informed consent is the process by which a patient is fully informed about all aspects of their healthcare and has the ability to participate in choices and make an apprise decision regarding their care. It is the legal right of the patient to direct what happens to them and the ethical duty of the doctor to involve the patient in their care. My final paper analyzes informed consent and its perilous deception. I shall present three main points against informed consent by arguing the complexity of the information given to the patient, the decision-making process and lastly patient competency.
Healthcare delivery in the United States is complex system that is conditionally changing. New policies, physician availability, insurance trends, technology, population growth, and cultural influences shape patient access (Shi & Singh, 2013, p. 353). Healthcare reform is a highly debated topic in America today. By adding funds to the current system it is treating the symptoms and not addressing the cause of the delivery system problems (Moyers, 2009). There are many aspects of the health system that need to be evaluated and improved in the near future (Wexler, et al. 2014).
The United States health care delivery system, has been going through big changes when it comes to their health care. Their goal is to make sure that all Americans get better care and all their
The health care delivery system of the united states has undergone major changes in both social and technological perspectives. Following are the two different perspectives regarding U.S healthcare delivery system;
Informed consent is the process of giving participants of a research study an opportunity to make an educated or informed decision, based on what they consider to be beneficial or not to themselves, with the ability to deliberate the possible negative consequences of the proposed research. Although the subjects in the Tuskegee study did give consent, their consent was not to be subjects of a study that knowingly abstained from treatment for the disease, rather, they were consenting to be studied while being treated for syphilis. Their consent was therefore not informed as the true purpose of the study was never revealed to them.
. For example, if a patient comes to the hospital or health clinic to seek treatment, all personal information of patients, disease faced by patients, the care given to the patient and any disclosure of information disclosed by patients is the confidentiality of and access to the medical practitioner to ensure that the secret is not dispersed except for reasons such as has obtained the consent of the patient itself (consent) or through court cases for the purpose of investigation or
Introduction. In the not too distant past, physicians were not required to obtain informed consent from their patients because the general mantra stated that physicians were experts in the field of health. People believed physicians ultimately knew what they were doing and placed an enormous amount of trust in their decisions. Overtime, the patient-physician relationship grew a little more skeptical, as the nation together became more aware and educated about their health, empowering those to make more informed decisions about their own health. Informed consent evolved through the patient-physician relationship, as exemplified in the following research.
A physician is allowed to make decisions about the treatment for his patients so having an informed consent to treatment simply doesnât make any sense. On the contrary, Western practice of informed consent to treatment feared by Ethiopian families because they often feel that it would induce anxiety in a sick person and result in poorer outcome of the treatment. When a patient requires a surgical procedure then consent to treatment is signed by a âdesignated family memberâ [1]. A physician and the patientâs family trying to do everything to minimize anxiety associated with any surgical procedure and maintaining the spirit of