Teresa Sizemore is a patient in the hospital for which you are the director of risk management.
Teresa Sizemore is a patient in the hospital for which you are the director of risk management. Ms. Sizemore presents to the emergency room awake and alert on February 15 after swallowing a quarter. The emergency room physician orders an x-ray and confirmed the presence of a foreign object in Ms. Sizemore’s stomach. Based on the physician’s assessment and clinical judgment, he discharges Ms. Sizemore home with the following instructions: 1) use a high-fiber diet until the quarter passes; 2) return to the hospital of she experiences any problems; and 3) follow up with her primary physician in three days. No other information is provided to the patient.
On the following day, February 16, Ms. Sizemore has severe vomiting. She returns to the emergency room by ambulance, now unconscious and unaccompanied by any family members or friends. The emergency room physician who saw her the day before also attends to her on this visit. The physician orders another x-ray and determines that emergency surgery is needed due to an infected and perforated bowel. The surgeon successfully performs the surgery with no complications.
On February 19, Ms. Sizemore remains hospitalized. Over the course of the previous three days, she has experienced extreme abdominal pain as a result of the surgery and is very confused from the pain medication that is being administered. The attending surgeon that performed the surgery on February 16, determines that Ms. Sizemore needs an additional surgery to relieve bowel pressure that is causing the pain in her abdomen. The surgeon attempts to explain the benefits, risks, and alternatives to surgery to Ms. Sizemore but due to her continued confusion, the surgeon gives up on providing a full explanation, has Ms. Sizemore sign the consent form, and takes her to surgery. The surgery does not go as planned. Unfortunately, the surgeon cuts a major nerve during the procedure that leaves the patient unable to have feeling from the waist down. After extensive in-hospital treatment and therapy, the patient is discharged home two months later.
. Identify whether consent was implied or express and if express what type of express consent for: 1) the ER visit on February 15; 2) the surgery on February 16; and 3) the surgery on February 19. Since your CEO may not understand the difference, you need to include a short definition of any type of consent identified. You also need to identify whether the consent for each event (1 through 3) was appropriately obtained, including why or why not. Lastly, you should provide your opinion regarding whether Ms. Sizemore has a possible claim against the hospital for permanent injuries and how that claim arises (for example an intentional tort and/or negligence).
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