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Essay / Research Paper Abstract
This 7 page advises a patient according to English law. The fictitious case concerns Mrs Jarvis a 44 year old woman has gone into hospital to have a hysterectomy due to endometriosis. She has agreed to the operation after being told she is infertile. During the operation the surgeon finds she is pregnant, but continues with the operation anyway due to her age and condition. The paper looks at issues of informed consent and the way in which the actions of the doctor or surgeon may be interpreted. The bibliography cites 9 sources.
Page Count:
7 pages (~225 words per page)
File: TS14_TEtreatcon.rtf
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after being told she cannot is infertile. During the operation the surgeon finds she is pregnant, but continues with the operation anyway due to her age and condition. To look
at this case we need to consider the issue of consent and informed consent and whether the actions taken by the doctor were reasonable. We will first look at
whether it can be seen at the consent to the operation that Mrs Jarvis signed would have covered this action. If we look at the patients charter of 1991 there
is a statement that all patients have the right to be informed clearly of the treatment they are to be given and the risks or alternatives (Department of Health 1991).
However, this right is not as full as it appears and the legal backing for informed consent is limited. When consent is sought the general ethical considerations are outlined
by many different bodies, such as the General Medial; Council (GMC), however, most all have three factors in common. There are that to give consent an individual must have the
capacity, must give consent voluntarily and must be given adequate information (GMC, 1999). The question here is whether the information given to Mrs Jarvis was adequate, this was a
treatment to alleviate her condition, but it was also wring, if she were pregnant she was obviously not infertile. Cases such as Canterbury v Spence, 464 F2d 772 (DC
Cir 1972) have set the standards of informed consent in the US, based on former cases and establishing this as an important area of law and have influenced UK cases
although a foreign case does not and cannot set a precedent. Inthiat case oinformed consent was defined as" True consent to what happens to ones self is the informed exercise
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