mhm 522 legal aspects of health administration slp2

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Informed Consent and Medical Malpractice: Torts and Negligence

We will continue to review Case law as a foundation for understanding various concepts necessary to understand the law in regard to healthcare administration. The Canterbury v. Spence case in the background materials dates to 1972, but is considered a “landmark” case in that it established the important concept of the “reasonable person” in regard to informed consent. As clearly explained, the lack of informed consent creates an environment where care providers can be held liable for negligence or torts against a patient.

After reviewing the background readings and doing independent research, examine the case Canterbury v. Spence and answer the following:

  1. Provide the background information regarding the case and the decision of the court.
  2. Explain informed consent and its required elements.
  3. What is the reasonable person standard?
  4. Why is informed consent important in medical care?
  5. What is a hospital’s responsibility in insuring informed consent?

Be sure to cite the peer-reviewed literature.

SLP Assignment Expectations

  1. Conduct additional research to gather sufficient information to justify/support your analysis.
  2. Limit your response to a maximum of 3 pages (title and reference page is not included in page number count).
  3. Support your paper with peer-reviewed articles, with at least 3-4 references. Use the following link for additional information on how to recognize peer-reviewed journals: http://www.angelo.edu/services/library/handouts/peerrev.php.
  4. You may use the following source to assist in formatting your assignment: https://owl.english.purdue.edu/owl/resource560/01/.
  5. For additional information on reliability of sources, review the following source: https://nccih.nih.gov/health/webresources.
  6. This assignment will be graded based on the content in the rubric.

Informed Consent and Medical Malpractice: Torts and Negligence

Required Reading

Canterbury v. Spence, 464 F. 2d 772. Retrieved from https://openjurist.org/464/f2d/772/canterbury-v-spence

Showalter, J. S. (2017) Consent. In The Law of Healthcare Administration. (pp. 379-389). Chicago: Health Administration Press. Retrieved from Trident Online Library.

Showalter, J. S. (2017). Contracts and intentional torts. In The Law of Healthcare Administration. (pp. 113-133). Chicago: Health Administration Press. Retrieved from Trident Online Library.

Showalter, J. S. (2017) Negligence. In The Law of Healthcare Administration. (pp. 141-168). Chicago: Health Administration Press. Retrieved from Trident Online Library.

The Joint Commission (2016). Informed consent: More than getting a signature. Quick Safety, 21. Retrieved from: https://www.jointcommission.org/assets/1/23/Quick_Safety_Issue_Twenty-One_February_2016.pdf