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Reference no: EM133036996

Medical Negligence

Andrea, a licensed practical nurse (LPN), works in Dr. MacWhinnie's private facility. She is instructed by Dr. MacWhinnie to prepare medications to give to a patient, Ms. Clarke, as he was extremely busy. Dr. MacWhinnie did not complete the informed consent form as required. The physician looked into the wrong patient's file and asked the LPN to give the incorrect medication to Ms. Clarke. Ms. Clarke ended up seriously ill from complications from the medicine, including a stroke of the patient's left side of his body.

1. What characteristics of negligence do you see in this case on the part of the doctor or the LPN?

2. Why was it important for the patient, Ms. Clarke, to complete the informed consent, and what impact could not completing the informed consent have on Dr. MacWhinnie?

3. What arguments could Ms. Clarke use to justify bringing a negligence lawsuit against Dr. MacWhinnie?

4. Outline the steps Ms. Clarke would follow if she decides to file a negligence lawsuit against Dr. MacWhinnie.

5. Explain how Dr. MacWhinnie could defend herself against a negligence lawsuit.

Discussion.

As a patient, you should be asked to sign an informed consent form before any treatment is done. Suppose your doctor advised that your left ovary/testicle was diseased and needed to be removed, and you gave the informed consent to remove the left ovary/testicle. When the doctor saw the left ovary/testicle, he realized it was the right ovary/testicle, so he removed the right ovary/testicle instead without reviving you to get a new consent.

Do you feel the doctor made the correct decision? Why, or why not? What do you feel you as the patient should do in this situation, and why?

Textbook:

Pozgar, G. D. (2019). Legal aspects of health care administration (13th ed.). Jones & Bartlett Learning.

 

Reference no: EM133036996

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