Question

The Case of Grace ace is 15yrs old. She is pregnant but she has not told her parents as disguised her pregnancy by wearing baggy clothes. She visits her GP, Dr Turner, for antenatal checks and has told him that under no circumstances should her parents be informed. When she is twenty five weeks pregnant an antenatal test shows that the fetus is suffering from a serious genetic condition Grace wishes to have a termination and asks Dr Turner whether she can get an abortion at such a late stage in her pregnancy. Grace had a bad fall several years ago and has suffered intractable back pain ever since. She has tried complimentary medicine which has not helped. Finally she sees Mr. Hutchins, a consultant at Freeside Hospital. He advises her that she needs an operation. She agrees to the operation but, unfortunately, she becomes paralyzed as a result of complications. The risk of such complications inherently arising in the course of such procedure is 5%. Dr Hutchins did not warn Grace of this risk. He considered that as she was desperate for treatment, information of such a risk would have put her off the operation, which he regarded as being in her best interests. 1. Identify and discuss the legal issues arising from all of the above facts. You must include at least a discussion of: A. Confidentiality B. Autonomy C. Consent To Medical Treatment By Children D. Disclosure of Information In The Consent Process And Negligence

Answer 1

A.Confidentiality

This is the first issue here by concealing the truth from her parents be wise 15 year old girl is a minor though they can provide consent if they are mentally sound and capable enough to make decision. The choice of surgery can be done only after informing the parents because it is a must to get an informed consent legally before performing a surgery.This is considered to be malpractice.

B.Autonomy

Every patients wish has to be accepted as per the principles of interests only when it is the best for the patient and should outweigh the negative effects.Here principle of autonomy is done by the physician to a patient but cannot be accepted ethically and legally because of the age

C.Parentral consent is not taken here which can definitely lead to suing a provider and the surgeon for an unconsented treatment of their child

D.Disclosure of information in the consent process

This is a great thing because it is the responsibility of the surgeon to explain the consent thoroughly about its advantages and disadvantages. Here the surgeon should have informed about the complications of the surgery to the patient

E.Negligence

There exists two negligence. The provider neglected to inform the parents and the surgeon neglected to inform the complications of the surgery.