Question

2.30 Consent Subdomain LA.2 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? References Brodnik, M. S., L. A. Rinehart-Thompson, and R. B. Reynolds. 2012. Fundamentals of Law for Health Informatics and Information Management, 2nd ed, revised reprint. Chicago: AHIMA.

Answer 1

1, The amendment allows coma patient in emergency situation to be enrolled in clinical trials without prior consent provided this can be approved by the ethics committee..Eligible patient with level of consciousness informed consent has been deemed unnecessary ..consent is the principle in health care provisions it represents legal and ethical expression of the basic right to have one autonomy and self-determination..seeking informed consent for an urgent life-saving procedure and waiting for consent is senseless..In general no provisions in ethical issues related to important medical decision like those on euthanasia end of life decisions and informed consent..
2, When physician performed emergency surgery or procedure resulting complication,it would be expected that the physician would not be found negligent for failure to obtain informed consent..Any emergent procedure to correct complication would fall under the emergent exception to obtaining informed consent..In an emergency,where informed consent can not be obtained doctors should provide medical treatment with best interest of patient to save life or avoid significant complication in the patient's death..the focus on informed consent may do more harm than good in emergency condition is not the only objection to the overall applicability of such consent in medical setting..proper documentation,evidence, medical and diagnostic reports can protect the physician and organization from this situation..