I am in need of help with this 3-4 page paper. This is regarding health law and ethics, which is an interesting subject, however, one that I'm not great at. Please help me to understand what I'm to do. This paper is due 09/25/2014. The books I am currently working from are:
Pozgar, G. D. (2013). Legal and ethical issues for health professionals (3rd ed.). Sudbury, MA: Jones and Bartlett.
Pozgar, G. D. (2014). Legal and ethical issues of health care administrators (2nd ed.). Sudbury, MA: Jones and Bartlett.
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What are the main liability issues in this situation?
The primary liability issues associated with this situation revolve around possible litigation associated with the physician's obligation to disclose the medical risks associated with surgery and whether or not it should be extended to the disclosure of personal issues that may or may not affect the patient's well being. Quintessentially, if the doctor was an alcoholic and his alcoholism caused the doctor's performance at work to compromise the safety of a procedure, the patient would have a right to recover for professional negligence if it is proven that the doctor was inebriated when the injury occurred, which would afford the patient adequate redress for any injuries.
Some jurisdictions infer that the reasonable patient represents the measure of the degree of disclosure required as opposed to measuring whether the physician acted reasonably and in compliance with a medical standard. Therefore, measuring the reasonableness of the patient's expectations versus the physician's actions occurs, and this makes it easier for the patient to bring litigation as the patient's burden of proof is lessened because a sympathetic jury could find that a physician had a duty to disclose in the face of expert testimony to the contrary. This is known as the informed consent doctrine, but it isn't certain that this doctrine would result in liability on behalf of the hospital because requiring a physician to disclose their occasional alcohol use might prejudice the jury and could also ...
What happens when a physician is suspected of abusing alcohol or drugs