STUDIES Use your critical thinking skills to answer the questions case study the
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STUDIES Use your critical thinking skills to answer the questions case study the questions that follow LO 7.3 A 10-year-old girl suffered from a rare malignancy in her brain around her spinal cord. She had surgery, and most of the tue ind removed, but residual tumor remained in the brain and cornd. The girí's doctors informed her parents that chemotherag he tion were possible treatment options but could cause serious such as sepsis, a permanent loss of 1Q and stature, ne problems parents wished to proceed with the therapy tumor mass was the spinal otherapy even death. The While their child was undergoing aggressive chemotherapy and ra tion, the parents did independent administered for cancer in other states that were unapproved by the Bed eral Drug Administration (FDA) and were illegal in their home state bu were touted by physicians using them as "miracle cures. The couple sued their child's physician for failure to disclose alternative treatments, thus depriving them of informed consent. research and read of several drugs A court awarded summary judgment to the physician. 27. In your opinion, does the court's decision seem warranted? Why or why not? 28. Did the physician involved follow the law? Did he or she act ethialy Explain your answer 29. Under the doctrine of informed consent, should a physician be responsible for informing patients of all treatment options, even some of the treatments are illegal or not yet proven effective your answerExplanation / Answer
27.Summary judgment is the summary of judgment before completing the full trial. This may be beneficial for both the parties, which can reduce the long hassle trials to some extent
By giving the summary judgment the court made the tasks of both the parties involved in the case easier.
In the motion for summary judgment, a party is allowed to use all of the information obtained during the discovery phase of the lawsuit. Which may include deposition testimony, answers to interrogatories and answers to requests for production. The parties can use affidavits from experts to support the motion or opposition to the motion for summary judgment. The judgment on the case is deemed to be a final judgment from which a party may seek an appeal when the motion is granted. Appeal provision also is available.
In medical lawsuits, if the plaintiff fails to obtain a qualified to testify that the defendant committed malpractice, then the defence can bring a motion for summary judgment and ask the court to dismiss the case. The plaintiff may not be able to prove the case with an expert.
28. The physician is supposed to explain the alternative treatment methods in order to obtain the informed consent. As the doctrine of the informed consent is the legal basis for the informed consent.
Medical ethics also supports the action of the physician. As per the ethics, he is responsible for providing the proven standardized care to the patients.
29. Under the doctrine informed consent the physician is responsible for informing patient and concerned persons about all the treatment modalities, even the alternative modalities, including their benefits, risks, consequence of not using it. In some states, the use of illegal or not approved by FDA drugs is not permitted. FDA regulations are yet to be clearly stated about the use of unapproved drugs in treating terminal illnesses.
In the above case, the physician could be discussed alternative methods as the child was undergoing aggressive chemotherapy and its risks are also very serious.
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