Allen v. Harrison case represents a violation of informed consent and engagement of a physician in malpractice. The patient came to the hospital emergency room complaining that he swallowed the nail. The physician did not suggest any treatment and advised to eat fibre food so the nail will come out. The patient started vomiting and was admitted for bowel surgery. The patient sued the physician of the emergency department claiming that he didn't obtain signed consent. The physician also failed to inform the patient about the potential risks of bowel surgery. Also, no surgical options were presented to the patient for the removal of the nail.
The court concluded that the doctor had violated the principle of informed consent because it was essential to obtain signed consent from the patient. The doctor's duty suggests providing complete information on the advantages and harms of surgery. The doctor didn't inform the patient about the complications or alternative treatment. It also depicts that no communications occurred between the patient and the doctor. While the principle of informed consent requires a direct interaction between both parties. The doctor did not provide an opportunity for making a rational choice to the patient.
The court concluded that the doctor had a duty to disclose all invasive intravenous treatments available in the situation of surgery. This also requires that the physician must take consultation from other doctors. The action of the physician to perform surgery without acquiring informed consent reflects he violated the principle. The role or the physician depicts that he performed beyond the scope of practice. Because the patient was not informed about the possible options he was unable to make an intelligent choice. This confirms a violation of informed consent.
Springer. Allen v. Harrison — Apr. 2016 (Summary). 2018. Retrieved 03 28, 2019, from https://www.hortyspringer.com/documents/allen-v-harrison-apr-2016-summary/
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