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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
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From this research it is clear that patient autonomy and shared decision-making between patient and physician would eliminate chances for medical malpractice. They will also help to achieve optimally beneficial outcomes for patients, while supporting physicians against liability and legal charges.
Many lawyers are expert and experienced in universal business law but at the same time only very few of them are skilled specifically in “international corporate law” (Nelson, 2006). Among the issues involved in worldwide business matters are laws connected to international conventions and treaties.
Introduction The issue of ethics is fundamental in all the profit and not-for-profit organizations. It is applicable in medical practice, business, social institutions, and at the various other workplaces. Attempts have been made to develop codes of conduct that protect the rights of workers in various organizations (Egels-Zanden &Hyllman, 2007, p.2).
Consequently, SkyReach apply for planning permission to build a block of offices on the site. This is rejected, and SkyReach are informed by the local planning department that the use of the plot is restricted to ‘educational purposes’ only. Validity of the contract In this contract there is legal obligation on both the parties through an offer and acceptance with the free consent of the parties.
The author states that the aggrieved party is entitled to legal remedies available under the law. The aggrieved party may seek an action in court for specific performance or damages. The main reason for remedies to breach of contracts is to compensate the aggrieved party and punish the other party for failing to perform his part of the contract.
Before an action can be commenced for breach of confidence three criteria must be satisfied:
An action for breach of confidence is based on the law of confidentiality. The purpose of such an action is to prevent the use of information which is confidential.
It received offer from Company B for supply of equipment at £ 1.5 million. Company A accepted this offer. The Company B became the offeror and Company A the offeree. It effectively agreed to the terms of business of Company B, turning the
ss of getting permission from the patient for a particular treatment after providing enough information about the pros and cons of that treatment to the patient. The core of informed consent is based on ethical and moral grounds. In other words, it is the patient’s right
In essence, they are putting their lives in the hands of their medical professionals without those professionals making sure that their patients are properly educated about the risk involved.
Three components exist in informed consent: first, that
The multidisciplinary care ensures efficient and effective care to patients suffering from chronic health conditions. The multidisciplinary teams involve people from many disciplines who come together in order to
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