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PubMed1998

Understanding informed consent.

Understanding and facilitating the informed consent process is our duty as perioperative nurses. Acting as patient advocates, we must determine if our patients have given "informed consent" prior to surgical treatment. When we witness our patients signing consent forms, we must be sure they are competent to sign; that they have spoken with the physician and have discussed the proposed procedure (including the risks, benefits and alternative treatments) and have had their questions answered; and have read the consent form they are being asked to sign. As nurses, we must become aware of our responsibilities related to informed consent. By understanding the concept of informed consent and its legal implications, we will be able not only to the facilitate informed consent process but also to fulfill our legal responsibilities.

Documentation↗
PubMed1991

Alternative dispute resolution of medical-legal issues.

Even the most casual observer of medical-legal litigation knows that such disputes take a long time to resolve, cost too much, and often leave parties no better off than before. Litigation also has deleterious effects where the parties have an ongoing relationship outside the courtroom. Such problems plague all litigation, however, and have prompted courts and legislatures to explore alternatives to the traditional means of solving private disputes through the filing and trial of lawsuits. In Texas, this effort resulted in the 1989 passage of the Texas Alternative Dispute Resolution Act (Texas ADR Act), which declares a state policy encouraging "the peaceable resolution of disputes....and the early settlement of pending litigation through voluntary settlement procedures" (1). This article examines alternative dispute resolution methods and explores their application to medical-legal issues.

Confidentiality↗
PubMedDate not supplied

Legal aspects of continence.

This article considers the law which applies to the supply of incontinence equipment. It considers the liability of the employee and the primary care trust and possible defences to an action for negligence and the right to acquire records relating to an incident which has arisen. It also looks at the health and safety laws which apply to the provision of safe equipment, and considers the patient's right to access health services and the issues which arise when resources are limited.

Burns↗
PubMed1987

Smith v. Gore, 13 April 1987.

After undergoing a failed tubal ligation and giving birth to a healthy child, the plaintiff brought a wrongful pregnancy suit against physicians, a university hospital, and a manufacturer of a sterilization technique seeking damages for emotional distress, loss of income, expenses of rearing a child to the age of majority, and punitive damages. The Supreme Court of Tennessee held that all damages were recoverable except those for the expenses of rearing the child. It ruled that the costs of rearing a normal, healthy child lay with the parents under both statutory and common law. It also held that there was no duty to mitigate damages by having an abortion or placing the child for adoption. In 1987 the Supreme Courts of Kansas and Oklahoma also rejected claims for the expenses of raising a healthy child whose birth resulted from a failed sterilization. (Johnston v. Elkins, 1 May 1987 [736 P.2d 935]; Morris v. Sanchez, 10 November 1987, corrected 17 November 1987 [746 P.2d 184]). In making its ruling, the Supreme Court of Oklahoma also held that there was no duty to mitigate damages in such a case. In addition, the Appellate Court of Illinois, First District, Second Division, held that a woman who became pregnant after being sterilized could not recover because she did not show that, had she been informed that there was a 1 percent chance of the sterilization failing, she would not have chosen to be sterilized anyway (Marshall v. University of Chicago Hospitals and Clinics, 29 December 1987 [520 N.E.2d 740]).

Americas↗