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Medico-Legal Insights on Patient Disclosure

The document is a medico-legal question about disclosure of harm to patients. The question describes a patient who received chemotherapy that resulted in a known risk of neutropenia and infection. This was discussed during the consent process. The correct answer is C - that this adverse event was an inherent risk of treatment, not due to error or failure of care. It is appropriate for doctors to express regret for adverse events related to inherent risks, but not to apologize or accept responsibility, as proper consent was obtained. It is also helpful to discuss the event with the patient to explain the medical implications.

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0% found this document useful (0 votes)
7 views1 page

Medico-Legal Insights on Patient Disclosure

The document is a medico-legal question about disclosure of harm to patients. The question describes a patient who received chemotherapy that resulted in a known risk of neutropenia and infection. This was discussed during the consent process. The correct answer is C - that this adverse event was an inherent risk of treatment, not due to error or failure of care. It is appropriate for doctors to express regret for adverse events related to inherent risks, but not to apologize or accept responsibility, as proper consent was obtained. It is also helpful to discuss the event with the patient to explain the medical implications.

Uploaded by

mago1961
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

20 Medico-legal questions Test your knowledge

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20 Medico-legal questions

Question 3: Disclosure - Understanding harm


A patient with leukemia correctly received a chemotherapeutic medication which resulted in neutropenia, followed by an infection. This is a recognized inherent risk of that medication and the possibility was discussed in the consent for treatment discussion. Choose the best answer: A) B) C) D) E) A system change is the best way to prevent such problems The health professionals involved should apologize and admit responsibility in this circumstance Although this is an adverse event, it is an inherent risk of treatment, not a system failure or provider performance issue Discussion with the patient of the level of white blood cell count and possible link to the infection is not helpful, as consent was obtained The providers can assume the patient will not be surprised by the occurrence of a complication if it was discussed in the consent process

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Answer:
The answer to this question is: C

Discussion:
Disclosure the inherent risks of investigations and treatments Most investigations and treatments have inherent risks certain complications or side effects may occur and are independent of who is providing the care. Even if patients have received sufficient forewarning through the informed consent discussion, they often do not expect and may even be surprised by the actual occurrence of an inherent risk. An expression of regret should be provided for an adverse event related to an inherent risk of an investigation or treatment. Saying Im sorry is an expression of empathy, sympathizing with your patient for the complication and the medical condition as it now exists. An apology (with acceptance of responsibility) should not be provided in this circumstance. After an inherent risk of an investigation or treatment occurs, it is appropriate to talk to the patient about the nature and likely implications for the patients immediate and future health, including what might be done to improve the situation.

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18/02/2012

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