Module 2 SLP-INFORMED CONSENT AND MEDICAL MALPRACTICE: TORTS AND NEGLIGENCE
Required Reading
Almgren, G. M. P. (2017). Chapter 5 – Long-term care of the aged and disabled in Health care politics, policy, and services: A social justice analysis. Springer Publishing Company.
Canterbury v. Spence, 464 F. 2d 772 (1972). Retrieved from https://openjurist.org/464/f2d/772/canterbury-v-spence
Friesen, P. (2018). Educational pelvic exams on anesthetized women: Why consent matters. Bioethics, 32(5). Retrieved from https://onlinelibrary.wiley.com/doi/full/10.1111/bioe.12441
Harris, D. M. (2014). The law of tort liability. In Contemporary Issues in Healthcare Law & Ethics (pp. 229-256). Chicago, IL: Health Administration Press. Retrieved from the Trident Online Library.
The Joint Commission. (2016). Informed consent: More than getting a signature. Quick Safety, 21. Retrieved from:
https://www.jointcommission.org/-/media/tjc/documents/newsletters/quick_safety_issue_twenty-one_february_2016pdf.pdf?db=web&hash=89A718D65B453C68DA80D1B773BD1F12&hash=89A718D65B453C68DA80D1B773BD1F12
Showalter, J. S. (2020). Consent for treatment and withholding consent. In The Law of Healthcare Administration (9th Ed., pp. 405-439). Chicago, IL: Health Administration Press. Retrieved from the Trident Online Library.
Sohn, D. (2013). Negligence, genuine error, and litigation. International Journal of General Medicine, 6,49-56. Retrieved from the Trident University Library.
SLP Assignment
We will continue to review Case law as a foundation for understanding various concepts necessary to understand the law in regard to health care 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:
- Provide the background information regarding the case and the decision of the court.
- Explain informed consent and its required elements.
- What is the reasonable person standard?
- Why is informed consent important in medical care?
- What is the relationship between informed consent and ethics? Include a discussion of relevant ethical principles.
- What is a hospital’s responsibility in insuring informed consent?
Be sure to cite the peer-reviewed literature.
SLP Assignment Expectations
- Conduct additional research to gather sufficient information to justify/support your analysis.
- Limit your response to a maximum of 3 pages (title and reference page is not included in page number count).
- Support your paper with peer-reviewed articles, with at least 3 references. Use the following link for additional information on how to recognize peer-reviewed journals:
Angelo State University Library. (n.d.). Library guides: How to recognize peer-reviewed (refereed) journals. Retrieved fromhttps://www.angelo.edu/services/library/handouts/peerrev.php - You may use the following source to assist in formatting your assignment:
Purdue Online Writing Lab. (n.d.). General APA guidelines. Retrieved fromhttps://owl.english.purdue.edu/owl/resource/560/01/ - For additional information on reliability of sources, review the following source:
Georgetown University Library. (n.d.). Evaluating internet resources. Retrieved fromhttps://www.library.georgetown.edu/tutorials/research-guides/evaluating-internet-content - This assignment will be graded based on the content in the rubric.
