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Patient Consent, Medical Records, and Information Management

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I need help with the following research discussions (Not more than a page)
Medical Records, Patient Consent, and Information Management
1. Do you think the courts are correct to hold that a physician may be liable for failure to inform the patient of the availability of a diagnostic procedure?

Mediation & Arbitration
2. Apart from being neutral (unbiased), which is the most salient attribute you would wish to see in the neutral; assuming you have an upcoming Alternative Dispute Resolution (ADR) process, and you get a list of prospective "neutrals" from the AAA. What would you look for in their professional personal resume?
b). Give an example of an arbitrator match- up and a specific topic/issue you would look for.
3. Scholarly references
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The expert examines patient consent, medical records and information management. The diagnostic procedures are provided.

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I need help with the following research discussions (Not more than a page)
Medical Records, Patient Consent, and Information Management
1. Do you think the courts are correct to hold that a physician may be liable for failure to inform the patient of the availability of a diagnostic procedure?
I believe courts may hold a physician liable for failure to inform a patient of an available treatment or diagnostic procedure. However, such liability may only be considered under certain circumstances. First, the procedure or treatment must be commonly available within the medical community in which the patient resides. Second, the procedure or treatment must not require excess resources or present several challenges in access, with extreme limitations.
Though patients should be made aware of viable alternatives to a proposed procedure or treatment, only those considered standard and widely accepted within the medical community should be explained, unless the patient inquires about a new or relatively unknown procedure or treatment. Expected outcomes should align with reality (Wortz, 2011). New or relatively unknown procedures and treatments may show promise. However, they are not necessarily proven. There may be risks involved that both patient and physician are unaware of. Not knowing the potential risks can set the physician up for greater liability. The unknown can set up the patient for failure and extreme disappointment in the possible outcomes. In addition, the relatively new or unknown procedure or treatment may require extensive resources that the physician, the organization the physician represents, and the patient are unable to acquire. Even informing the patient about the possibility of such a treatment or procedure may create a sense of expectation or hope about the outcome that does not align with reality. Patients must be informed of proposed procedures and alternatives, but not alternatives that are untried for the most part, within the medical community.
Physicians should be held liable for ...

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Beatrice Martino, MEd
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  • BSc, DeVry University
  • MPH, Walden University
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