Breach of Contract and Informed Consent Essay Example | Topics and Well Written Essays - 500 words

Breach of Contract and Informed Consent - Essay Exampleding to the facts of the case, Harvey suffered from carotid artery full point and while his doctor recommended a surgical procedure, Harvey signed a consent form that restricted use of line or blood products on his body. He acknowledged potential health risks to his condition. He confirmed this in another agreement a day before the surgery. The surgery appears successful until a blood clot was realized and he suffered a stroke. His mother, who was also listed as the next of kin, then offered consent for subsequent operations and procedures, some of which involved blood transfusion because Harvey lost lots of blood and was at risk of heart attack and death. Harvey later recovered and sued.One of the principles that guide the case is existence of a condense and its terms, and an agreement between Harvey and the doctor prior to the initial surgery identifies this. Consequently, any surgical procedures ought to have been conducte d within the terms of the agreement. The agreement was further based on the patients informed consent as he acknowledged possible consequences on his decisions on the surgical procedure. This is because the initial agreement that existed in writing identified disclosure, comprehension, voluntariness, competence, and consent (Kennedy, 2008, p. 83). The informed consent was further consistent with statute law on autonomy and informed consent that grants a patient duty to information and allows a patient to refuse treatment (Rutgers, n.d.), and case law as was argued in the case of Schloendorff v. Society of New York Hospital, as the patient uncommunicative the right applications in the surgical procedures (Albert, 2000). There are however exceptions to the doctrine of informed consent that are applicable to the case and undermine Harveys chances of winning. essential is an example and defines need for an immediate action with the aim of preserving a patients life. This means that delays in a surgical action can