In this scenario, Joseph and Cindy could file lawsuit against Dr. Lin under civil law that caused loss of life of Madam Sofie. There are two types of potential civil actions against health care providers for damage resulting from healthcare which are inadequate of informed consent and abuse of the standard of care (Law and Medical Ethics, 2013). In order for the civil law action to be successful, Cindy and Joseph need to prove that Sofie is not in her sound mind to proceed for the surgical procedure. Joseph has highlighted to Dr. Lin prior the procedure that Sofie is slightly confused and to postponed the procedure. However, Dr. Lin did not take Joseph’s concern into consideration and proceeds with the surgery. Besides that, Sofie
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Dr. Lin failed to obtain consent from the patient and her husband signed the consent. Dr. Lin could defense herself by saying that she respect Sofie’s decision and rights regarding the surgery and a valid consent were signed by Joseph. The consent is the evidence that Joseph understood the nature, risk and complication that may arise from the surgery. However, a doctor has important role in taking consent and declaring a person’s mental capacity based on physician’s knowledge and expertise. The four important elements of valid consent are voluntariness, comprehensive of information, disclosure of relevant information and have mental capacity to make decision. Capacity is one of the major elements in consent taking and as part of responsibility of non-maleficence (Mahmood, 2016). Mental capacity act (2014) stated that Sofie has lack of mental capacity temporarily and unable to make decision by herself due to current mental state. In this case, Dr. Lin failed to take a proper informed consent and standard of care causing death of Sofie. The possible outcome could be Dr. Lin will be prosecuted under civil law due to
Dr. Lin failed to obtain consent from the patient and her husband signed the consent. Dr. Lin could defense herself by saying that she respect Sofie’s decision and rights regarding the surgery and a valid consent were signed by Joseph. The consent is the evidence that Joseph understood the nature, risk and complication that may arise from the surgery. However, a doctor has important role in taking consent and declaring a person’s mental capacity based on physician’s knowledge and expertise. The four important elements of valid consent are voluntariness, comprehensive of information, disclosure of relevant information and have mental capacity to make decision. Capacity is one of the major elements in consent taking and as part of responsibility of non-maleficence (Mahmood, 2016). Mental capacity act (2014) stated that Sofie has lack of mental capacity temporarily and unable to make decision by herself due to current mental state. In this case, Dr. Lin failed to take a proper informed consent and standard of care causing death of Sofie. The possible outcome could be Dr. Lin will be prosecuted under civil law due to