Case Study: Medical Negligence, Informed Consent, and Patient Rights

This case study examines the legal and ethical issues arising from Blessing's healthcare experience, focusing on medical negligence and informed consent. Blessing, a 23-year-old patient from Gambia, experienced a cut during a pelvic exam, raising concerns about medical negligence due to improper use of medical instruments. The study highlights the importance of patient safety and the ethical responsibilities of healthcare providers. Furthermore, it addresses the ethical issue of informed consent, emphasizing the need for consistent communication between healthcare professionals and patients regarding treatment plans and patient updates. The case underscores the necessity of upholding patient rights, ensuring ethical conduct, and prioritizing patient safety within healthcare settings. Desklib provides access to similar case studies and study resources for students.

Scenario

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Legal issue: Issue related to medical negligence.........................................................................3
Ethical issue: Issue related to informed consent..........................................................................4
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Health and social care are interlinked with each other. The healthcare services are just not
limited to ensure the treatment to the patients. Within this, the social and legal aspects has to be
performed in order to ensure the safety and care of the client (Howe and et.al., 2018). This essay
will make a focus over the major three issues that has been found from the blessing's case study.
The three issues are concerned with the law, ethics and values. Blessing is a 23 years old girl.
Currently, she is admitted in the hospital due to profuse bleeding. The home nation of the
blessing is Gambia. The essay will highlight the major issues that are important in order to
understand the social, legal and ethical perspective in healthcare.
MAIN BODY
Legal issue: Issue related to medical negligence
Medical negligence has been determined as the improper and the unskilled treatment of
the patients by the service provider. Under this the client suffers the injury due to the improper
treatment. In accordance with the medical male-practice lawsuits, the birth injury has been
considered as one of the medical negligence. As it has been analysed from the blessing's case
study that during her pelvic exam she got a cut. The speculum is the instrument that has been
used by the healthcare in order to perform the pelvic exam and when this instrument has not been
used properly then it leads to cause damage to the victim (Cheluvappa and Selvendran, 2020).
Here, same happens with the client. As during her pelvic exam she faced the damage in the
internal organs because of the improper medical treatment. This is one of the biggest issue that
has been found from the case study. This has been considered as illegal in the healthcare. The
safety of the patient is the priority of the service provider. The client was unaware about the
rights and therefore, no case has been filed after facing the damage.
This has even highlights the unethical behaviour towards the client as it is the topmost
duty of the healthcare services that they have to prioritize the safety of the clients especially
when the client is going through the sensitive phase. The victim was pregnant and the treatment
was ongoing with the sexual organs of the client. In such situation the professionals has to
perform the treatment in such manner so, the assurance of safety can be given to the client. And
this is such a big threat to the victim that her sexual organ got the damage. The major reason of
the medical negligence are the carelessness of the professionals and the unskilled ethical
behaviour. But, these elements cause the damage to the patient. When the patient is unaware

about their rights then there is no action has been taken against the professionals. Same has
happened with the blessing. She did not have any idea and therefore, no action has been taken
against the damage. Even, the professionals has not shown any importance towards their duty.
Therefore, here the ethical behaviour is missing by the healthcare services. In such situation, the
client must file a case in the state medical court to get the justice (Jamjoom and Davis, 2019).
The ethics and values of the patient has been ignored here. Also, the healthcare did not take any
strong decision against this case. The safety of the victim has been completely ignored here. It is
the top most duty of the healthcare that they must ensure safety to the patient by assuring the
effective services to the patients. The focus has to be made even on a small issues. And here, the
major issue has been developed and no action has been taken over this.
Currently, the healthcare and social terms are interlinked with each other. The priorities
of healthcare have been linked with the social aspects. It determines that the medical professional
and service user has to put a keen focus over the safety of the patient along with considering the
social aspects. When the damage has been faced by the victim and the victim was unaware about
the rights. In such situation, it was the duty of the healthcare department in order to ensure the
safety of the patient (Moule, 2020). The action has to be taken by the upper authorities so, this
can never be happened in the future. The duty of the healthcare is just not limited to treating the
patient it is evolved with the social terms as well. The training has to be ensured to the service
providers who are performing such operations. Especially the use of the medical instrument has
to be done is effective manner and it should be used only when the proper knowledge is
available. So, the safety of the client can be assured.
Ethical issue: Issue related to informed consent
The informed consent in healthcare refers to the flow of communication among the client
and the case worker of the client. There should be regular update has to made in relation of the
improvement of the client by the case manager (Schulz, 2018). In accordance with the informed
consent law, everything regarding the treatment of the patient has to be communicated with the
patients. Also, it is the duty of the case worker that they must take the update of their patient on
regular basis. In the blessing's case study it has ben found that, her case worker investigate about
the client on the fifth day of the admission. It is the duty of the case worker that, regular
information has to be taken in relation of the client's case. As it provides the idea about the
emotional aspects of the clients. And on the basis of that, the treatment is given to the client. It

has been analysed from various studies that, in healthcare the ethical aspects plays an important
role. Under the ethical aspect the informed consent plays the mandatory role (Hunter and et.al.,
2018). The case manager must interact with the client on the regular basis so, the behaviour
pattern of the client can be understood in effective manner.
CONCLUSION

REFERENCES
Books and Journals
Cheluvappa, R. and Selvendran, S., 2020. Medical negligence-Key cases and application of
legislation. Annals of Medicine and Surgery.57. pp.205-211.
Howe and et.al., 2018. Electronic health record usability issues and potential contribution to
patient harm. Jama. 319(12). pp.1276-1278.
Hunter and et.al., 2018. Ethical issues in social media research for public health. American
journal of public health. 108(3). pp.343-348.
Jamjoom, B.A. and Davis, T.R., 2019. Why scaphoid fractures are missed. A review of 52
medical negligence cases. Injury. 50(7). pp.1306-1308.
Moule, P., 2020. Making sense of research in nursing, health and social care. Sage.
Schulz, S.L., 2018. The informed consent model of transgender care: an alternative to the
diagnosis of gender dysphoria. Journal of humanistic psychology.58(1).pp.72-92.