Nancy has decided to undergo radical new therapy to cure her cancer. There is only one doctor in the country who practices this procedure. When Nancy meets with the physician, he takes great pains to point out to her what the risks of this procedure are. After listening to everything that the doctor has to say, Nancy decides to go ahead with the procedure. During the treatment, an unexpected complication develops. Nancy's doctor realizes that another procedure must be used. Should the doctor obtain new informed consent from Nancy?

Drew, who suffers from obesity, decides that he wants to undergo an operation that will reduce the size of his stomach, commonly referred to as "stomach stapling." Drew will be physically unable to eat as much food as he was before the procedure and therefore should lose weight. When the doctor appears in Drew's hospital room to tell him all about the procedure and obtain Drew's informed consent, Drew says, "I don't want to know the details. It grosses me out. I'll get sick if you tell me anything. I trust you. Just do it." Is this valid informed consent? Is there anything that the doctor can do to prevent, or at least minimize, any medical malpractice claim that Drew may have later because of a lack of informed consent?

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In the first scenario when an unexpected complication arises during Nancys cancer treatment the doctor should obtain new informed consent from Nancy S... View the full answer