legal aspects in healthcare
Legal aspects of healthcare
Healthcare is controversial filed with cases of practitioners’ malpractice, patients being dissatisfied by the service offered and so forth. Legal structures have been developed to ensure both parties have their rights protected. The institutions developed include the ones described below.
Consent, this term defines a situation where a patient is recommended to give their approval before receiving any medical service. The consent can be verbal or written depending on the circumstances. Consent could also be for routine or specific procedures which fall in the category of temporal consent as indicated in page 278 of Edelstein (1994). The approval comes with a clear explanation of the procedures or examinations by the health care provider.
Express consent, this form of consent comes after an informed consent and is approved by verbal or writing. The consent is required when facilitating a particular form of treatment with any consequences clearly stipulated. This is according with Edelstein page 300 (1994)
Implied consent, this is a kind of consent that is obtained by inferring the person actions or facts about a medical situation. Breathalyzer tests are taken on the basis of implied consent.
Informed consent, this is consent that comes after the patient have been informed of the treatment requirements as indicated in the article “informed consent….”The consent may include risks, benefits, treatment options and consequences for avoiding the treatment.
Court case, this is a 1989 case where the defendant (medical surgeon) had obtained consent to perform a colonoscopy and an exploratory surgery on a plaintiff. During the surgery, the doctor realized that the ovary and fallopian tube were inflamed. The surgeon decided to remove the two organs without getting consent from the patient as indicated in article “informed consent”. The case was ruled out in court as a form of medical battery. The removal of the organs was not part of the original consent.
I would have agreed to the verdict since the defendant did not seek any consent, risking the plaintiffs’ life is not a circumstance to be tolerated in medical practice.
“Informed Consent – Not Just a Piece of Paper.” Neubert Pepe Monteith Informed Consent Not Just a Piece of Paper Comments. Web. 29 June 2015.
Edelstein, J. E. “Legal Aspects of Health Care Administration, by George D. Pozgar.” PHYSICAL AND OCCUPATIONAL THERAPY IN GERIATRICS 12 (1994): 60-60.