SITUATION A few weeks before plaintiff was to have a vaginal hysterectomy, she told her gynecologist that she preferred.
SITUATION
A few weeks before plaintiff was to have a vaginal hysterectomy, she told her gynecologist that she preferred privacy during her surgery. To this end, she crossed out two portions of the physician’s consent form before she signed it: she crossed out “I consent to the presence of healthcare learners” and “I consent to the photography o[r] videotaping of the surgical, diagnostic, and/or medical procedure to be performed providing my name and identity is not revealed.” On the morning that her surgery was to be performed, plaintiff received assurance from the attending anesthesiologist that she would personally be handling her anesthesia. The anesthesiologist’s consent form, which plaintiff signed, read in part: “I understand that my anesthesia care will be given to me by the undersigned or a physician privileged to practice anesthesia.” After plaintiff was under anesthesia, a hospital employee, acting as a preceptor, entered the operating room with a student in an emergency medical technician (EMT) certification program. The anesthesiologist granted permission for the EMT student to intubate the plaintiff. During the unsuccessful intubation, the plaintiff’s esophagus was torn.
QUESTIONS
1. Who had the duty to obtain the informed consent given by the plaintiff?
2. Who was responsible for conforming to its contents?
3. Did the student or preceptor have a duty to review the patient consent form before attempting intubation?
4. Was the attempted intubation a battery?
Write a 2-3 page APA paper related to the case and questions (title page and references not included in page count). You must include 3 scholarly sources.
