We will continue to review Case law as a foundation for understanding various concepts necessary to understand the law in regard to health care administration. The Canterbury v. Spence case in the background materials dates to 1972, but is considered a “landmark” case in that it established the important concept of the “reasonable person” in regard to informed consent. As clearly explained, the lack of informed consent creates an environment where care providers can be held liable for negligence or torts against a patient.
After reviewing the background readings and doing independent research, examine the case Canterbury v. Spence (Canterbury v. Spence, 464 F. 2d 772 (1972). Retrieved from https://openjurist.org/464/f2d/772/canterbury-v-spence) and answer the following:
- Provide the background information regarding the case and the decision of the court.
- Explain informed consent and its required elements.
- What is the reasonable person standard?
- Why is informed consent important in medical care?
- What is the relationship between informed consent and ethics? Include a discussion of relevant ethical principles.
- What is a hospital’s responsibility in insuring informed consent?
Be sure to cite the peer-reviewed literature.
SLP Assignment Expectations
- Conduct additional research to gather sufficient information to justify/support your analysis.
- Limit your response to a maximum of 3 pages (title and reference page is not included in page number count).
The reference for the Consent for treatment and withholding consent is: Showalter, J. S. (2020). Consent for treatment and withholding consent. In The Law of Healthcare Administration (9th Ed., pp. 405-439). Chicago, IL: Health Administration Press. Retrieved from the Trident Online Library.
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