Please I need help answering the questions that comes with the case… Please I need help answering the questions that comes with the case below: A 49-year-old female patient was scheduled for burr-hole drainage of a subdural hematoma she had sustained in a fall. The night before the surgery, the patient was evaluated by a neurosurgeon and a third-year neurosurgery resident. The burr-hole procedure was agreed upon, the risks and benefits were discussed with the patient and her husband, and the patient signed an informed consent form.The next morning the resident brought the patient to the operating room and performed burr-hole drainage of a right subdural hematoma with placement of two subdural drainage catheters. The resident’s supervising neurosurgeon was not in the operating room during the surgery, although he had reviewed the procedure with the resident before the surgery. Postoperatively, the patient had left hemiparesis. A CT scan revealed that the right frontal catheter had entered the right frontal cortex. The attending physician met with the patient and her husband and explained the nature of the complication. The catheters were subsequently removed, and the patient was discharged to a rehabilitation center. She continued to have left-sided weakness, paralysis and pain.The patient and her husband sued the attending neurosurgeon and the resident, alleging improper performance of the procedure, negligent supervision of a physician in training and improper informed consent. They testified that their understanding was that the attending physician not the resident would perform the surgery. Complicating this situation were the facts that the attending physician was listed as the primary surgeon on the operative report, and the resident had never before performed the procedure independently.Expert reviewers thought that while the decision to perform the burr-hole drainage of the hematoma was proper, the attending physician should have been present during surgery to supervise and assist. They believed the resident’s placement of the drainage catheter into brain tissue caused significant, permanent paralysis. In addition, experts asserted that if the resident had been directly observed and supervised during the procedure, the complication would likely have been prevented. Further, experts believed the informed consent process was flawed because the attending physician’s name, not the resident’s, appeared on the consent form and the patient and her husband testified in depositions that they had expected the attending neurosurgeon to perform the surgery. Because expert reviewers thought the care and informed consent process did not meet the standard and more likely than not caused harm to the patient, the case was settled. Question 1: What are the 4 components of medical malpractice? (5 points)Question 2: Are the 4 components present here? Identify how each component is satisfied or not satisfied based on this fact pattern. Part 2 – Lawsuits Seek To Demand Hospitals Administer Ivermectin To Patients With COVID-19The AP (Links to an external site.) (10/16, Hajela) reported, “At least two dozen lawsuits have been filed around the U.S., many in recent weeks, by people seeking to force hospitals to give their COVID-stricken loved ones ivermectin, a drug for parasites that has been promoted by conservative commentators as a treatment despite a lack of conclusive evidence that it helps people with the virus.” However, hospitals are pushing back against the suits, “saying their standards of care don’t allow them to give patients a drug that hasn’t been approved for COVID and could potentially cause harm, and that allowing laypeople and judges to overrule medical professionals is a dangerous road to go down.” Based on the above information, write a memo in IRAC form. (NOTE: This is not a law class, so I do not expect you to know or research any lawsuits or existing case law on this topic – please keep the analysis and discussion to ethical principles).For the memo, please discuss the issue at hand and how the ethical principle of autonomy relates to this situation.Prepare your memo as if you were working for a judge:I = state the issue at hand – what are we here for – what are we trying to decideR = state the ‘rule’ here – what is autonomy – when is it used – what have passed philosophers said about autonomy (think Immanuel Kant and John Stuart Mill here). How does society generally handle issues when there is a divide between what the patient wants and what the doctor thinks is appropriate. What other social norms can we look towards to help us with this issue.A = The memo should discuss the pros and cons of autonomy (this would be in your application section) as well as how the ‘rules’ apply to this case. The application section also can discuss any broader policy implications that deciding for or against the patient may have (recall that often times court cases are used in the future – as precedent to help determine how future lawsuits will be determined/settled – so think bigger picture here… this can potentially be about more than just one patient).C = offer a recommendation for which way the judge should rule (in the conclusion section). The recommendation should be based on your rule and application section – and include reasoning.. Not just ‘I think’… back your conclusion up with facts or other similar situations that can bolster your conclusion. COURSE MATERIALApplied Law & Ethics for Health Professionals 2nd Edition – Stanford, Carla CaldwellISBN 10: 1284155595 / ISBN 13: 9781284155594Science Health Science CHP 400/500
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