Health Law: Ethics

Health Law, Ethics

Using the facts below, three alternate sources related to patient consent, which can include your text book and the ACHE Code of Ethics; please prepare at least a 4 page paper adhering to APA Format guidelines.

Please answer the questions at the end of the fact pattern within your paper:

Case

Lorenzo Gonzales, a newly arrived immigrant from Cuba, was brought into a New Jersey community hospital’s emergency room with severe abdominal pains. After an examination, lab work, and a CT scan, it was determined that he required emergency exploratory surgery. Mr. Gonzales, who spoke no English was presented with a series of consent papers to sign. The hospital’s translator was unavailable. Out of frustration because of the pressure to get Mr. Gonzales into surgery, one of the nurses who had a rudimentary command of Spanish told Mr. Gonzales the following, “Es necesario que firme estos documentos antes de operar,” which means, it is necessary for you to sign these papers before we operate. Mr. Gonzales signed.

Unfortunately the surgery went poorly; Mr. Gonzales went into coronary arrest during surgery and died. His estate is suing the hospital, and one of their claims is that he failed to give informed consent.

Questions:

  • 1) What does the doctrine of informed consent require?
  • 2) Was the nurse out of line by saying what she did to Mr. Gonzales?
  • 3) Who is likely to prevail in this legal issue?
  • 4) How can this problem be minimized in the future?
  • 5) In addition to inform consent, were there any other ethical or legal violations?
  • 6) As a future Healthcare Administrator, please use the ACHE Code Ethics, and outline what corrective measures you would require of this organization.

 

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