CANTERBURY v SPENCE - Essay Example

CANTERBURY v SPENCE 150 U.S App. D.C 263; 464F.2d722; 1972 U.S. App. LEXIS 9467 (ROBISON, J) The plaintiff Canterbury had arranged to get a surgery after experiencing back pains for sometime and he consulted doctor Spence the defendant in the case since he was a neurosurgeon as he had visited all hospitals without any lack. The defendant did not tell the plaintiff the risks that were involved in the surgery and the plaintiff on the other hand did not ask. During the operation the defendant discovered that the plaintiff’s spinal cord was inflamed and decided to relieve the pressure.

The plaintiff was recovering when he felt like relieving himself by going to the washroom when he slipped and fell and was almost in a verge of being paralyzed. After the fall another surgery was done on him so that he could recuperate and at this time his condition improved.Canterbury sued the defendant for lack of disclosure and the hospital for negligence for lacking to place the bedrail to avoid the fall. The question that arose in this case was whether the doctor has a right to inform or disclose information to the patients about their medical condition for purpose of their treatment.

It was held that the any patient has a right to know the physician’s diagnosis because of the risks that attaches to the surgery, also to ensure the patient understands the proposed surgery. Although it was decided that the doctor has a right of disclosure there are circumstance that these rule is exempted for instance; if a patient is unconscious and a greater harm would occur to the patient if the surgery was not carried out. Secondly, if disclosing the patients illness would cause a threat to his or her well being.

Work citedJonsen, Albert R, Robert M. Veatch, and LeRoy Walters. Source Book in Bioethics. Washington, D.C: Georgetown University Press, 1999. Print