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:
Lorenzo Gonzales, a newly arrived immigrant from Cuba, was brought into a New Jersey community hospitalâ€™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 hospitalâ€™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, â€œEs necesario que firme estos documentos antes de operar,â€ 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.
- 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.