Healthcare Legal Research Paper

Pages: 5 (1307 words)  ·  Bibliography Sources: 4  ·  File: .docx  ·  Level: Doctorate  ·  Topic: Business - Law

SAMPLE EXCERPT . . .

Conclusion: Congress does not have the authority to determine what is best for a woman's body; especially in medical areas that are uncertain.

Other Opinions: The New England Journal of Medicine criticized the intrusion of politicians into medical decision-making, writing:

Until this opinion, the Court recognized the importance of not interfering with medical judgments made by physicians to protect a patient's interest. For the first time, the Court permits congressional judgment to replace medical judgment

2. Cobbs v.Grant (California Case)

Subject: COBBS v. GRANT

Name of the case, the court of jurisdiction, the justice writing the opinion and the court the case was appealed from. Following a reversal by the court of appeal, the California Supreme Court, in a unanimous decision written by Justice Mosk, concluded that there was insufficient evidence to support a verdict that Dr. Grant had been negligent in deciding to operate or in performing the surgery (Novack, 1973)

Facts: What is the major set of Facts of the case?

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Ralph Cobbs, troubled by a duodenal ulcer, consulted his family physician, Dr. Jerome Sands, who concluded surgery was indicated. Dr. Sands discussed the prospective surgery with Mr. Cobbs and advised him in general terms of the risks of undergoing a general anesthetic (Novack, 1973). Dr. Dudley P. Grant, a surgeon, was called in and concurred in the diagnosis, but failed to disclose any of the risks inherent in the surgery. Cobbs consented to the operation. During the operation, Cobbs' spleen was apparently injured, necessitating its removal in a second operation. Thereafter, Cobbs developed a gastric ulcer and, in a third operation,50% of his stomach was removed.

Statement of the Issue(s): The primary issue in this case is what constitutes informed consent. The doctors have the responsibility to inform their patients of the risks that they face with different treatment options and the risks that are inherently involved with each of the options.

TOPIC: Research Paper on Healthcare Legal Aspects of Health Assignment

Rule of Law: The resolution of the case involves a rule(s) of law. What is it?

A negligence action is predicated on showing that the doctor's duty of care required disclosure of the risk of the particular injury that resulted, that the patient would not have consented had he known of the risk, and that there was no privilege justifying a failure to disclose.

Application: The plaintiff must establish a causal relationship between the physician's failure to inform and the injury to the plaintiff.

Conclusion: The case has prompted a movement towards the standardization of consents that has been established by the medical community.

Other Opinions: There is a fine line between not enough information and too much information. The doctor should not worry the patient with many potential issues that are a low level risk. However, at the same time, the doctor must reach an adequate level of consent. Some have argued that since there was a five percent risk, that this risk was a major risk that should have been mentioned.

Final Thoughts: Do you agree or disagree with the decision? Why or Why not? Do you see any implications for health administration?

I do agree with the decision however I do also believe that there should be standardization in consent in the medical field. I also believe that the patient, in the age of information, can also research some of the potential risks and their possibilities on their own.

Works Cited

Bostrom, B. (2007). Gonzales v. Carhart. Issues in Law & Medicine, 89-93.

Freeman, E. (2004). Corporate Liability for Illegal Downloading of Copyrighted Music. Information Systems Security, 6-10.

Gulsah, K., Gursel, O., & Nazan, A. (2007). Intensive Care Unit Nurses Opinions about Euthanasia. Nursing Ethics, 637-650.

Novack, B. (1973). Informed… [END OF PREVIEW] . . . READ MORE

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"Healthcare Legal."  Essaytown.com.  July 31, 2014.  Accessed July 27, 2021.
https://www.essaytown.com/subjects/paper/healthcare-legal-aspects-health/5638237.