The Team Project includes two parts. In the first part, conduct your research on the project topic – informed consent, following the project questions. In the second part, brief Warren v. Schecter, 67 Cal. Rptr. 2d 573 (Cal. App. 1997) case, analyze the situation from the risk management point of view, and prepare a root cause analysis (RCA) and an action plan.
Part 1. Explain the concepts behind informed consent in healthcare. Describe the theories under which the validity of consent might be proven. How consent differs among competent patients, minors, guardians, and incompetent patients. Why does informed consent require from a physician more than simply having the patient sign a form? Under what circumstances a patient might refuse treatment? Why is materialization of the risk, not disclosed before the procedure, an element of an informed consent action? Explain the available defenses for defendants as it relates to informed consent. Discuss the difference between the objective standard and the subjective standard as it relates to informed consent.
Part 2. Summarize the facts and prepare a brief of Warren v. Schecter, 67 Cal. Rptr. 2d 573 (Cal. App. 1997) using the IRAC method. Further, discuss the impact this informed consent-related event had on internal and external stakeholders. Examine the legal implications related to the healthcare organization compliance, including a review of existing case law that may be applicable to this particular case scenario. Review any legal requirements associated with the case such as documentation and reporting requirements. Analyze the ethical implications associated with the case. Be sure not to confuse ethical and legal implications. Discuss the problem of performing a surgery without disclosing to the patient the risks of post-surgery complication and undisclosed risk materializes. Use the Joint Commission Framework for Conducting a Root Cause Analysis template to prepare a root cause analysis of an adverse event in Warren v. Schecter case. Use the organization plan of action / risk reduction strategies in the template (p.10) to prepare an action plan for managing the risk associated with this informed consent-related event. As a result of assessing the situation and researching best practices, develop a comprehensive recommendation for the key decision makers of this healthcare organization addressing the business problems, opportunities, and a possible course of action.
https://cdrb-law.com/appellate-decisions/Warren-Schecter.PDF (Links to an external site.)
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