Question

Identify the use of legal documents Last week, a 26-year-old, 36-week pregnant female showed up at the ER. As she was walking into the building alone, she grabbed her head and fell to the ground. Staff rushed her to the ER where it was discovered that she had accelerated hypertension of 225/140. She suffered a seizure, lapsing into a coma, and severe stroke was diagnosed. Vital signs were not able to be stabilized and the decision was made to perform an emergency c-section to save the baby. Shortly after the surgery, the woman died as a result of the stroke. Staff had been unable to contact a family member as the woman did not have a purse, wallet, or phone on her person when she came in. 1. What type(s) of consent can be applied to this scenario? 2. How might the lack of consent(s) obtained in this scenario impact the physician and/or organization?

Answer 1

Answer/Explanation:

(1) The type of consent to be applied in this scenario is IMPLIED CONSENT because the pregnant female did not directly express consent to the surgery but here it was implied, that is, the surgery was done adjudged by her situation and assumed that if she was conscious, she would directly consent to the surgery to save the child.

(2) The physician must explain the significant risks of a procedure or medication before the patient can give a binding consent. If a practitioner does not explain a material risk that subsequently eventuates, then that is considered negligent BUT in this case the physician will not be criminally charged because the patient was not conscious to have given a CONSENT and the surgery was done to save a life and also the reputation of the organization will be unblemished.

Answer 2

Answer:

1) Implied consent

2) There is no effect of the consent on the physician/organisation because the patient was unconscious.

Explanation:

1) The type of consent that can be applied to this scenario is called implied consent.

2) In such an emergency situation the consent of an unconscious patient or a patient that is unable to communicate presumed to give his/her consent if they were able to. Since the patient came into the ER it would be assumed that she came to the hospital for treatment and would have given her consent if she was conscious. I don’t think that any consequences for such an action. The Doctor only carried out the procedure due to the fact that it was a life or death situation for both the mother and the baby.