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Breach of Contract and Informed Consent - Essay Example

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Agreement between caregivers and patients are examples of contracts that may lead to breach or informed consent concerns. This…
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Breach of Contract and Informed Consent
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Breach of Contract and Informed Consent

Download file to see previous pages... ding to the facts of the case, Harvey suffered from carotid artery blockage and while his doctor recommended a surgical procedure, Harvey signed a consent form that restricted use of blood or blood products on his body. He acknowledged potential health risks to his condition. He confirmed this in another agreement a day before the surgery. The surgery appears successful until a blood clot was realized and he suffered a stroke. His mother, who was also listed as the next of kin, then offered consent for subsequent operations and procedures, some of which involved blood transfusion because Harvey lost lots of blood and was at risk of heart attack and death. Harvey later recovered and sued.
One of the principles that guide the case is existence of a contract and its terms, and an agreement between Harvey and the doctor prior to the initial surgery identifies this. Consequently, any surgical procedures ought to have been conducted within the terms of the agreement. The agreement was further based on the patient’s informed consent as he acknowledged possible consequences on his decisions on the surgical procedure. This is because the initial agreement that existed in writing identified “disclosure,” “comprehension,” “voluntariness,” “competence,” and “consent” (Kennedy, 2008, p. 83). The informed consent was further consistent with statute law on autonomy and informed consent that grants a patient right to information and allows a patient to refuse treatment (Rutgers, n.d.), and case law as was argued in the case of Schloendorff v. Society of New York Hospital, as the patient reserved the right applications in the surgical procedures (Albert, 2000). There are however exceptions to the doctrine of informed consent that are applicable to the case and undermine Harvey’s chances of winning. Emergency is an example and defines need for an immediate action with the aim of preserving a patient’s life. This means that delays in a surgical action can ...Download file to see next pagesRead More
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