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Running head: COMPLIANCE SCENARIO 3 & 4 1Compliance Scenario 3 & 4Daqwander PavloffLegal Aspects of Health ManagementLori Janello13th June, 2020COMPLIANCE SCENARIO 3 & 4 2Compliance Scenario 3Brief Restatement of the ScenarioDr. H sends a memo to the Office highlighting potential issues occurring in her Office. APhysician 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.Aprescribing 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/SolutionsA 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 ofcare 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 4Brief Restatement of the ScenarioCOMPLIANCE SCENARIO 3 & 4 3There 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/SolutionsBased 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 4ReferenceMichon, 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 13June 2020, from

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Berkeley DEVP C232 - Compliance Scenario 3 & 4

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