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Informed Consent

Decent Essays

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 …show more content…

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

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