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151214P - CASE STUDIES ON ETHICO-LEGAL ISSUES IN CONSENT

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Presented to Surgical Department Residents on December 14, 2015 by Professor Omar Hasan Kasule Sr. MB ChB (MUK), MPH (Harvard), DrPH (Harvard)


Case Scenario 1 (Autonomy as the basis of informed consent)
An 80-year fully conscious and competent old man with advanced incurable cancer needed palliative chemotherapy. The family objected when the doctor wanted to obtain informed consent from the patient because that would involve disclosing the diagnosis which would make the patient very sad and depressed. The family wanted to make the decision without informing the patient. What should the doctor do? Provide your moral reasoning.

Case Scenario 2 (Scope and limitations of consent)
A 30-year old woman presented with classical signs of acute appendicitis. He consented to an operation to open the abdomen and remove the inflamed appendix. The surgeon found a previously undiagnosed ovarian cyst and decided to remove it. The removal was a simple and safe procedure that would not increase the duration of the operation. The head nurse refused because the patient had not given consent. What should the surgeon do? Provide your moral reasoning.

Case Scenario 3 (Consent and protection of the patient)
An 80-year old diabetic man, whose son had died last year from transfusion of mismatched blood, was admitted to the same hospital for observation after falling at home. He insisted that no procedure be done without written approval by his physician son whom he wanted to sit by his bedside all the time. Nurses were inconvenienced by having to get written permission for routine monitoring of vital signs and insulin injections. The nurses refused to comply to his wishes and he refused to cooperate leading to a stand-off. What should the doctor in charge do? Provide your moral reasoning.

Case Scenario 4 (Consent and the protection of the physician)
A young neurosurgeon planned to operate on a patient with lumbar spinal injury that had a 5-10% chance of success. He was perplexed about taking informed consent. If he informed the patient that the operation could go wrong and result in paraplegia with a 90% chance the patient would refuse the operation. If the operation was not carried out there was a 95% chance of further deterioration leading to paraplegia after a few months. What should the neurosurgeon do? Provide your moral reasoning.

Case Scenario 5: (The process of informed consent)
A complex brain operation had a 3-page risk disclosure sheet. The surgeon determined that his poorly educated patient could not understand the information even with the best of translations and may even refuse the life-saving operation. The operation was necessary to release a hematoma and a fractured bone fragment putting pressure on the cerebrum and would soon lead to loss of consciousness due to increased intracranial pressure. He gave the patient simple information that the operation would help him recover from the effects of trauma and that it had some risks that he did not mention. What should the surgeon do? Provide your moral reasoning.

Case Scenario 6: (Capacity/competence to consent)
A university professor admitted for stroke refused life-saving treatment even after thorough explanation by his son who was a neurosurgeon. While in the hospital he seemed to forget essential information about his illness, forgot his age and his wife’s name, and was confused about the day of the week. He however was in continuous telephone contact with his laboratory at the university guiding the young researchers. What should the doctor do? Provide your moral reasoning.

Case Scenario 7: (Proxy consent / substitute decision maker)
A 30-year old victim of a road traffic accident was in deep coma with some signs of brain stem function was put in life support in the ICU. He had told his wife before the accident that he would like to be left to die in dignity rather than live with the aid of machines. He also had authorized his wife in writing to make decisions about his treatment if he fell unconscious. His family led by his father refused this and insisted that life support continue until recovery. What should the doctor do? Provide your moral reasoning.

Case Scenario 8: (Prospective consent / advance directives)
A 40-year old victim of multiple sclerosis aware of the final stages of his illness signed an advance directive authorizing doctors not to initiate life support if he stopped breathing on his own. He developed acute pneumonia a short while after writing the directive and experienced severe respiratory distress. The doctors were not sure what to do. Members of the family were divided in their views. What should the doctors do? Provide your moral reasoning.

Case Scenario 9: (Consent for children)
A 14-year old male with bone cancer confined to the tibia refused amputation that would prevent spread of the cancer to other parts of the body. He understood the bad consequences of his decision. His father and mother opposed his decision and authorized the surgeons to carry out the amputation. What should the doctor do? Provide your moral reasoning.

Case Scenario 10: (Consent for the mentally impaired)
A 14-year old mentally impaired girl used to wander from her home and her parents feared that she might be raped and become pregnant. They took her to the hospital and asked the doctors to sterilize her. The doctors talked to her and she opposed the operation vehemently. What should the doctor do? Provide your moral reasoning.

Case Scenario 11: (Consent for the unconscious)
A 60-year old diabetic was admitted to the hospital in coma due to diabetic keto-acidosis and with a gangrenous foot. The doctors decided to amputate the foot as soon as the general condition had stabilized enough to withstand anesthesia. His sons and daughters refused the operation even after explanations that the gangrene would spread and result in fatal septicemia. They reasoned that it was better for him to die and be buried with all parts of his body than to live with an amputated limb. What should the doctor do? Provide your moral reasoning.