Is informed consent necessary?

Informed consent is a vital document while performing all surgical and aesthetic procedures, particularly in the current day practice. Proper documentation and counseling of patients is important in any informed consent. There are legal and ethical considerations to informed consent. The informed consent doctrine states a doctor has a duty to explain the risks of recommended procedures to a patient before a patient determines whether or not he or she should go forward with the procedure or treatment.
Read the following case and answer the questions.
CAN A PHYSICIAN “CHANGE HIS OR HER MIND”
Walls had a condition that caused his left eye to be out of alignment with his right eye. Walls discussed with Shreck, his physician, the possibility of surgery on his left eye to bring both eyes into alignment. Walls and Shreck agreed that the best approach to treating Walls was to attempt surgery on the left eye. Before surgery, Walls signed an authorization and consent form that included the following language:
I hereby authorize Dr. Shreck … to perform the following procedure and/or alternative procedure necessary to treat my condition … of the left eye.
I understand the reason for the procedure is to straighten my left eye to keep it from going to the left.
It has been explained to me that conditions may arise during this procedure whereby a different procedure or an additional procedure may need to be performed, and I authorize my physician and his assistants to do what they feel is needed and necessary.
During surgery, Shreck encountered excessive scar tissue on the muscles of Walls’ left eye and elected to adjust the muscles of the right eye instead. When Walls awoke from the anesthesia, he expressed anger at the fact that both of his eyes were bandaged. The next day, Walls went to Shreck’s office for a follow-up visit and adjustment of his sutures. Walls asked Shreck why he had operated on the right eye, and Shreck responded that “he reserved the right to change his mind” during surgery. Walls filed a lawsuit.
Based on “CAN A PHYSICIAN “CHANGE HIS OR HER MIND”? answer these questions:
Did the physician meet the four elements of informed consent? Specifically, describe why or why not. ( 8 pts)
Did the patient have competency? How was competency determined or not determined? (2 pts)
List the elements of informed consent for the physician AND the patient. Indicate if each was met in this case by placing a T in front of the statement. (10 pts)
Even with informed consent, does the physician have the right to change the procedure from the left to the right eye? Why or why not? Be specific. (5 pts)
Does Mr. Walls case meet the 4 D’s of malpractice? List each and explain why or why not it is met in this case. (10 pts)
Is there an ethical argument for Dr. Shreck’s “right to change his mind” in surgery? Explain. (5 pts)
Format:
Criteria
Points
Upload your Word file as lastname_Consent
3
One-inch margins all around
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Font size 12, Calibri
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The first page heading “Can A Physician “Change His Or Her Mind?
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Single space line spacing
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Single paragraph return (blank line) between paragraphs
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Left aligned
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If provided, questions are headings in the document
3
Complete sentences and appropriate, professional grammar and mechanics (less than 5 errors)
4
If used, cite sources using and following APA guidelines found at https://www.citationmachine.net/apa (Links to an external site.) (Links to an external site.)
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Total
20

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