Celebrados, Kalvin Art R.

BSN 208

1. Jerod Hilton has just been informed that he has prostate cancer. His physician says
the only course of treatment recommended is surgery. Jerod has no hesitation in
his response and immediately says, “No way Doc, you aren’t cutting me down
there.” After further discussion, Jerod’s decision is unchanged. What steps, if any,
does the doctor take? (5 points)

There are four steps that the doctor needs to do. The first step is to explain
to the client what is the procedure and how is it done. Then after explaining the
procedure he must enumerate the possible risks and results of the procedure. The
doctor should also consider telling different alternative treatments if there are any.
And the last thing he should do is to explain the possible consequences if treatment
is not done. It is important to explain to the client on how the procedure work, the
results of the procedure and, all the information he needed about it. It is necessary
because it will give him time to decide if he needs to undergo procedure or not. If
the client disagrees the doctor should let him sign consent so that he will not be
held liable for any unwanted results.

2. In emergency situations, what type of consent exists? Explain and give an

example. (5 points)

In emergency situations there is this consent called implied consent.

Implied consent in health care is used when a person is unable to give verbal and
non verbal consents while he is in need of treatment. An example is when there is
a car accident and people were injured and unconscious. The injured persons
definitely need help but unable to ask therefore implied consent is needed for
immediate treatment. In situations where life and death is at stake then implied
consent is really needed.

3. The parents of a 6-year-old child consented to allow her to undergo “routine

cardiac tests.” One of the tests performed was a catheter arteriogram in which
complications occurred. Questioning of the parents revealed that they did not fully
understand the risks involved. What are the legal implications of this consent?
Identify potential problems in this situation. (5 points)
 In this situation there is uninformed consent. An uninformed consent is
when clients have agreed to a certain decision but does not fully understand and
comprehend the situation. In this case the health care practitioners have not fully
disclosed the information that the clients needed. They forgot to mention the
expected risks and results of the procedure which is included in the 4 principles of
an informed consent. Patients often do not know what they are going into, the only
thing that they probably know is that a certain procedure will provide treatment
for their illness. In this case the test is legal because it has consent of the clients;
but it can always be overruled by the court. The clients could have asked in the
first place if they did not understand the test going to be conducted.

4. A 15-year-old enters your office requesting treatment for scalds received on his
hand while emptying the dishwasher at his place of employment. Although his
family receives medical treatment at your office, you are uncertain about seeing
him without his parents’ knowledge. Can he consent to treatment? What are the
legal ramifications? (10 points)

Most states in the US have allowed to give consent to minors at an early age
of 12. In the situation the minor is allowed to be asked for consent. The minor can
give consent by himself as long as he is capable on making a decision. But if he
suddenly refuses for treatment then the parents can always overrule the decision.
It is also a need to take in considerations if the minor is emancipated from his
parents. And in order to confirm the health care practitioner could always contact
the parents for affirmation before proceeding to the treatment.

5. When you are asked to witness a signature, what does it legally mean? (5 points)

A healthcare practitioner that is asked to witness a signature on a legal

document like a medical consent is to ensure that the document is valid. It is a
confirmation that clients and health care professionals have agreed to do a test or
a certain medical procedures. It is also important to avoid fraudulence. In case
something bad happened to the procedure the witness shall testify that the clients
have agreed to the procedure.

6. After a client signed a consent form and you have witnessed it, she states, “I think
this is the right decision.” What would you reply? What would you do? (5 points)
 I would question him if that is his final decision. The best thing to do in this
kind of situation is to have affirmation from the client that he understands the
procedure and the possible consequences. In order to further trust the client with
his decision a health care practitioner could always test the patient about his
knowledge of the procedure by asking questions or ask for return demonstration.

7. A client comes in for her annual gynecological examination. Her physician

recommends she have a Pap smear, but she refuses. The physician stresses its
importance and documents why it is important in the chart. The following year
when the client returns for her annual examination, the physician again stresses
why she needs the Pap smear. The client again refuses. Six months later the client
is diagnosed with cervical cancer. Soon she files a lawsuit against the physician.
The jury found the physician liable under the doctrine of informed consent for not
stressing more that the client needed a Pap smear. Why do you think the doctor
was held liable? (5 points)

In this situation the doctor has faced an ethical dilemma wherein he is torn
between having an obligation to respect patient’s decision and protection from
injuries. The doctor is liable because he did not give complete information about
the client’s situation. Where in the 4 principles of informed consent is unmet. The
doctor has failed to explain the procedure briefly and providing different
treatment. Because of negligence it created doubts on the client resulting to not
wanting to do the procedure which is the Pap smear.

References:

 Minors' Rights as Parents. (2020, January 31). Retrieved from

https://www.guttmacher.org/state-policy/explore/minors-rights-parents
 Goodwin, K. D., Taylor, M. M., Brown, E. C. F., Winscott, M., Scanlon, M., Hodge,
J. G., … England, B. (2012). Protecting adolescents' right to seek treatment for
sexually transmitted diseases without parental consent: the Arizona experience
with Senate Bill 1309. Retrieved from
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3314068/
 Smith-Spark, L. (2004, October 1). UK | What is a 'right' age of consent? Retrieved
from http://news.bbc.co.uk/2/hi/uk_news/3699814.stm
 Thomson, J., Jodie, Jodie, Thomson, J., Jodie, & Jodie. (2019, July 10). What is
Involved in Witnessing a Signature? Retrieved from
https://legalvision.com.au/what-is-involved-in-witnessing-a-signature/
 Informed or uninformed consent? (2012, March 29). Retrieved from
https://researchblog.duke.edu/2012/03/29/informed-or-uninformed-consent/