Malpractice case study: Failure to obtain informed …
34 hours ago A 38 ½ weeks pregnant patient arrived at the emergency department (ED) at 8:29p.m. with complaints of abdominal pain and decreased fetal movement. Case Study: Failure to monitor and report changes in the patient’s medical condition to practitioner; failure to act as the patient’s advocate; failure to invoke the nursing chain of command. >> Go To The Portal
What is failure to obtain informed consent for medical procedures?
Failure to obtain informed consent for medical procedures is one of the leading types of claimed negligence in medical malpractice litigation. These claims are often made when common risks or complications result, and plaintiffs claim in their lawsuit that had they been aware of this risk, they would not have gone ahead with the procedure.
What information do patients need to consent to treatment or investigation?
The GMC's guidance Decision making and consent (2020) lists the type of information patients might consider relevant before deciding whether to consent to treatment or an investigation. This includes "the names and roles of key people who will be involved in their care, and who they can contact (and how) if they have questions or concerns".
Who has the access to the patient medical report?
The health care providers have the access to the patient medical report. They keep the medical report as a history of medical records. Also, patients’ access to the patient medical report is a must.
When is consent marked as not present in a circumcision report?
when the pre-procedure packet was assembled and consent was marked as not present; and before the procedure, when both the consent and patient identity were confirmed erroneously in the circumcision report. Conflicting pre-formatted information was noted throughout the patient’s record.
What is an example of lack of informed consent?
What is an Example of Lack of Informed Consent? The most common examples of a lack of informed consent includes a physician not letting a patient know the known risks associated with the procedure.
What happens when informed consent is not obtained?
In both medical and legal terminology, this is called "informed consent." If a doctor does not get informed consent from a patient, and the patient is injured, the patient may have grounds to sue the doctor for medical malpractice.
How is informed consent violated?
An example of failure to give informed consent occurs when a doctor gives the patient a written consent form, but fails to explain the medical conditions or jargon the form refers to, or the risk of complication or death from a procedure.
What would you do if a client refused to give their informed consent?
When a patient refuses to sign an informed consent form. Competent patients have the right to not consent, or to refuse treatment. If one of your patients refuses to sign a consent form, do not proceed without further attempting to obtain the consent.
What legal action can be taken if you fail to obtain consent?
Failure to obtain consent properly can lead to problems including legal or disciplinary action against you, or rarely criminal prosecution for battery (contact with an individual without consent.)
What are the consequences treating a patient without consent?
If a medical practitioner attempts to treat a person without valid consent, then he will be liable under both tort and criminal law. Tort is a civil wrong for which the aggrieved party may seek compensation from the wrong doer. The consequences would be payment of compensation (in civil) and imprisonment (in criminal).
What type of situation would not meet the informed consent requirements?
What type of situation would NOT meet the informed consent requirements? The patient signs a treatment consent form. If a licensed healthcare professional oversteps his or her scope of practice.
What are the two exceptions to informed consent?
Several exceptions to the requirement for informed consent include (1) the patient is incapacitated, (2) life-threatening emergencies with inadequate time to obtain consent, and (3) voluntary waived consent.
What are the example of informed consent?
I understand that my participation is voluntary and that I am free to withdraw at any time, without giving a reason and without cost. I understand that I will be given a copy of this consent form. I voluntarily agree to take part in this study.
Risk management comments
During the deposition of the admitting ICU practitioner, he testified that he was not informed of the second laboratory results or the patient’s vital signs until the patient went into respiratory distress. It is the defense expert’s opinion that by the time the patient was seen by our nurse she had already suffered significant bleeding which caused her impending death.
Resolution
At the onset of the claim, the estimate on the chance to prevail was 60 percent, however, throughout the investigation of the claim and while working with the other defendants there was significant finger pointing causing our nurse to suffer a greater apportionment and less of a chance to prevail at trail.
Risk management recommendations
Maintain competencies (including experience, training, and skills) consistent with the needs of assigned patients and/or patient care units.
Guide to sample risk management plan
Risk management is an integral part of a healthcare professional’s standard business practice. Risk management activities include identifying and evaluating risks, followed by implementing the most advantageous methods of reducing or eliminating these risks. A good risk management plan will help you perform these steps quickly and easily.
What is the importance of documentation in a lawsuit?
Documentation is key in defending a lawsuit. A well-documented chart on informed consent, with identification of many of the items listed in this section, and acknowledgment by the patient of the risks and alternatives may persuade a potential plaintiff’s attorney not to file a suit. If a suit is filed, documentation made contemporaneously will be evidence admitted for the jury to review. This documentation will solidly refute the plaintiff’s claim of a lack of informed consent and present powerful evidence. The more documentation on this process, the better.
What is the leading type of negligence in medical malpractice?
Failure to obtain informed consent for medical procedures is one of the leading types of claimed negligence in medical malpractice litigation. These claims are often made when common risks or complications result, and plaintiffs claim in their lawsuit that had they been aware of this risk, they would not have gone ahead with the procedure. In some limited instances, plaintiffs may not even need an expert witness to prove their case. Consistent, well-documented procedures and protocols tailored to the physician’s area of expertise can provide solid defenses to these types of claims.
Should informed consent be discussed before a procedure?
The informed consent discussion should never happen immediately before the patient is to have the procedure. If it does, an argument is always made that the patient was nervous about the procedure and thus was not sure of the nature of the consent. Simply having this discussion and the documentation well before the procedure deflates such an argument by the plaintiff. Using a consistent time and place for this discussion supports written documentation. For example, every consent discussion should be in an office setting as opposed to taking place while a patient is on an examination table.
What is a Patient Medical Report?
A patient medical report is a comprehensive document that contains the medical history and the details of a patient when they are in the hospital. It can also be given as a person consults a doctor or a health care provider. It is a proof of the treatment that a patient gets and of the condition that the patient has.
What You Should Include in a Patient Medical Report
A patient medical report has some important elements that you should not forget. Include all these things and you can learn how to write a patient medical report.
Importance of a Patient Medical Report
The reason why a patient medical report is always given is because it is important. Here, you can know some of the importance of a patient medical report:
How to Write a Good Patient Medical Report
A doctor is a doctor. They are not writers. They can be caught in a difficulty on how to write a patient medical report. If this is the case, turn to this article and use these steps in making a patient medical report.
Who Writes the Patient Medical Report?
Health care providers do the patient medical report. The health care professionals make the documentation for a patient. It includes all the physicians, nurses, and doctors of medicine. It also includes the psychiatrists, pharmacists, midwives and other employees in the allied health.
Who Can Have Access to a Patient Medical Report?
The health care providers have the access to the patient medical report. They keep the medical report as a history of medical records. Also, patients’ access to the patient medical report is a must. It is their right to see their medical report. It is against the law not to show them their medical report.
Is a Patient Medical Report a Legal Document?
If it is signed by a health care professional, then it is a legal document. It is permissible in any court of law. It is an evidence that the patient is under your care. Thus, it can be used in court as an essential proof. So, keep a patient medical report because you may need it in the future.
What did the MDU adviser suggest?
The adviser also suggested that the student apologise and explain she had assumed the patient had given consent before entering the room.
What does the adviser suggest that the student apologise and explain she had assumed the patient had given consent
The adviser also suggested that the student apologise and explain she had assumed the patient had given consent before entering the room. It is the examining doctor's responsibility to seek consent for a student to observe or examine a patient.
Why did the patient lodge a complaint?
The patient lodged a complaint because he had not given permission for the student to be present during the consultation. He felt confidentiality had been breached. The student thought the consultant had obtained the patient's consent beforehand, and the patient did not raise any objections during the consultation.
What to do when a patient is happy for a student to observe?
If a patient is happy for a student to observe, it is usual for the doctor to introduce them to the patient and explain why they are there. However, to avoid a situation like this one, students can also introduce themselves and check that the patient is happy for them to observe.
Can a patient object to a student's presence?
The patient can object to a student's presence and, if they do so, it will not affect the treatment they receive. Occasionally – usually with intimate examinations – patients may give consent for a student to observe and then subsequently change their mind.
Presentation
Physician Action
- The pediatrician went to the mother’s hospital room that morning to discuss the patient’s exam. However, the mother was not present, so the pediatrician left the room and returned to the nursery. He was scheduled to perform circumcisions on several infants. According to the notes, circumcision surgery was performed on the patient. However, the proc...
Allegations
- A was lawsuit filed against the pediatrician, alleging negligence in performing a procedure without consent. Because there were no medical expenses associated with this claim, damages were based on disfigurement from the unwanted circumcision.
Legal Implications
- Multiple pediatricians reviewed this case and stated that they believed the pediatrician deviated from standard of care. There was clear documentation of the parents’ wishes to avoid circumcision and no signed consent form.
Risk Management Considerations
- The Texas Civil Practice and Remedies Code provides the basis of informed consent: “In a suit against a physician or health care provider involving a health care liability claim that is based on the failure of the physician or health care provider to disclose or adequately disclose the risks and hazards involved in the medical care or surgical procedure rendered by the physician or health c…
Source
- 1. Subchapter C. Informed Consent; Sec. 74.101. Theory of Recovery. Civil Practice and Remedies Code, Title 4. Liability in Tort, Chapter 74. Medical liability, Subchapter A. General provisions. Available at http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.74.htm. Accessed August 4, 2017.
Risk Management Comments
- During the deposition of the admitting ICU practitioner, he testified that he was not informed of the second laboratory results or the patient’s vital signs until the patient went into respiratory distress. It is the defense expert’s opinion that by the time the patient was seen by our nurse she had already suffered significant bleeding which cause...
Resolution
- At the onset of the claim, the estimate on the chance to prevail was 60 percent, however, throughout the investigation of the claim and while working with the other defendants there was significant finger pointing causing our nurse to suffer a greater apportionment and less of a chance to prevail at trail. Our estimate of the insured apportionment was 20 percent with a 40 p…
Risk Management Recommendations
- Maintain competencies (including experience, training, and skills) consistent with the needs of assigned patients and/or patient care units.
- Maintain thorough, accurate and timely patient assessment and monitoring, which are core nursing functions.
- Timely implement practitioner orders.
- Maintain competencies (including experience, training, and skills) consistent with the needs of assigned patients and/or patient care units.
- Maintain thorough, accurate and timely patient assessment and monitoring, which are core nursing functions.
- Timely implement practitioner orders.
- Communicate in a timely and accurate manner both initial and ongoing findings regarding the patient’s status and response to treatment.
Guide to Sample Risk Management Plan
- Risk management is an integral part of a healthcare professional’s standard business practice. Risk management activities include identifying and evaluating risks, followed by implementing the most advantageous methods of reducing or eliminating these risks. A good risk management plan will help you perform these steps quickly and easily. See the Risk Management Plan create…
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