As a result of shared medical decision making a patient undergoes a surgical procedure, which results in paralysis. What must the patient prove to bring a successful malpractice suit based on informed consent? Choose all answers that are correct.
1. Since the decision making was shared no malpractice suit is possible.
2. The procedure's known risk of paralysis was not explained to the patient.
3. It was the procedure that caused the harm.
4. There is no way to assess the amount of damage to the patient.
5. The patient had no part in the decision to operate.
The patient presents to the Emergency Department with chest pain and collapses in the reception area before registering. Physicians and nurses rush to assist the patient. What type of consent protects these health care providers?
1. Expressed
2. Implied
3. Oral
4. Partial
The nurse is preparing a patient for a procedure. The patient has signed a consent form, but states, I don't really know anything about this procedure.
I wonder if there is something else I could do instead? How should the nurse proceed? 1. Continue with the preparation as consent may not be revoked.
2. Have the patient document the question in writing since the original consent was written.
3. Stop the preparation as the patient can revoke consent at any time.
4. Try to convince the patient to go through with the procedure.
The defendant has successfully defended against a product liability cause of action. Can the plaintiff still prove the defendant was negligent?
1. Yes, the defendant could have used the product in a negligent manner.
2. No, the defense against product liability precludes a negligence case.
3. The two defenses are not related in any manner.
4. No, the plaintiff can only bring one suit or the other, but not both.