Running head COMPLIANCE SCENARIO 3 4 1 Compliance Scenario 3 4 Daqwander Pavloff Legal Aspects of Health Management Lori Janello 13th June 2020 COMPLIANCE SCENARIO 3 4 2 Compliance Scenario 3 Brief Restatement of the Scenario Dr H sends a memo to the Office highlighting potential issues occurring in her Office A Physician Assistant PA was employed by Dr H who for a few months has been treating a patient with persistent laryngitis The condition of the patient remains unresolved despite the P A prescribing different rounds of antibiotics The patient seeks help from another specialist from another city due to frustration where her vocal cord is seen to contain a cancerous nodule Dr H fears there might be an instance of a lawsuit after the other physician sends the patient records Recommendation Solutions A misdiagnosis alone is not a representation of negligence Medical physicians using reasonable care can result in diagnostic errors Therefore there need for more information from Dr H to evaluate whether the P A acted competently which will include analyzing what the P A did and failed to do during diagnosis If there was a diagnostic error then the situation will be medical malpractice where during the filing of a lawsuit there must be proof that a physician in similar specialty would not have misdiagnosed the cancerous nodule under when acting under the same circumstances Since already there is proof of medical malpractice Dr H and her P A will be liable for failing to meet the duty of care in evaluating what treatment to offer and duty of care during administration of that treatment Michon n d Also both will be answerable for fault based liability if there will be evidence that the process of treating the patient led to worsening of the condition hence causing unfavorable results from treatment offered by the P A Compliance Scenario 4 Brief Restatement of the Scenario COMPLIANCE SCENARIO 3 4 3 There has been a lawsuit by parents of D C Mr and Mrs Where the child is a minor The allegation followed when D C experienced head laceration last summer after falling at the playground and was brought to Emergency Room The treatment for laceration included 15 stitches by the physician at the Emergency Room who also offered follow up care after a week by removing the stitches The parents claim they did not receive any information about the severity of the wound for them to seek plastic surgery consultation Also there was no chance of allowing a plastic surgeon to take the procedure the parent argues that a plastic surgeon could help to prevent the scar of appearing on the forehead as the surgeon is a Medical Doctor M D as compared to the physician in the Emergency Room who is a Doctor of Osteopathy D O Recommendations Solutions Based on the analysis the scenario fails to meet the criteria for informed consent as the parents have the right to know the benefits potential risks and alternatives of the treatment procedure The Emergency Room physician had the duty to provide information to the D C parents related to informed consent Therefore the physician fails to outline the advantages and risks of treatment any available alternative treatments potential outcomes of the treatment and both risks and benefits if there is no treatment administered Crane 2014 The hospital has a protocol that there should be no decline of formal consultation from a specialty provider unless when facing a mutually agreed upon circumstances However the physician failed to observe this protocol hence liable for negligence The physicians have both legal and ethical duty to preserve the patient s autonomy during care delivery COMPLIANCE SCENARIO 3 4 4 Reference Michon K Medical Malpractice Misdiagnosis and Delayed Diagnosis www nolo com Retrieved 13 June 2020 from https www nolo com legal encyclopedia medical malpractice misdiagnosis delayed diagnosis 32288 html Crane M 2014 6 Ways Docs Go Wrong With Informed Consent Medscape com Retrieved 13 June 2020 from https www medscape com features content 6006323