From the analysis of the legal arguments and the viewpoints of relevant stakeholders above, legal alternatives offer individuals the choice of defining the boundaries of the law, and seeking justice according to the Rule of Law. A major legal alternative, from the perspective of doctors, is the concept of informed consent. The “informed consent” argument is actually a legal concept that, a patient misses the possibility of better medical attention (Bird, n.d.). Moreover, this concept allows doctors to handle operations without the worry of being sued after the surgery (Tibballs, 2007). This is considered significant due to the fact that doctors can perform in their best condition without being interrupted, and are not obstructed by a low chance of success. “Information that a reasonable in the patient’s position would, make a reasonably informed decision to undergo the treatment” (Queensland Government, 2020). Nevertheless, there are additional requirements that must be met to prove “informed consent” due to negligence, including the probability of recovery or survival in the underlying case, as well as the presence of identified causes and a high level of medical certainty. is this legal alternative more like a Legal Compliance: or Risk Mitigation
The legal alternative of informed consent can be seen as both a form of legal compliance and risk mitigation.
From the perspective of legal compliance, informed consent is a requirement imposed on medical practitioners to ensure that patients are fully informed about the risks, benefits, and alternatives of a medical procedure before giving their consent. By obtaining informed consent, doctors are complying with their legal obligation to respect the autonomy and decision-making capacity of their patients. This helps to protect patients' rights and ensures that medical treatments are conducted in a legally acceptable manner.
On the other hand, informed consent also serves as a risk mitigation strategy for doctors. By providing patients with all the necessary information about a medical procedure, doctors can reduce the likelihood of facing legal claims for negligence or lack of consent. Informed consent acts as a legal safeguard for doctors by demonstrating that they have taken reasonable steps to inform patients about the potential risks and outcomes associated with a particular treatment.
Overall, informed consent can be considered both a form of legal compliance, as it fulfills the legal requirements imposed on medical practitioners, and a risk mitigation strategy, as it helps doctors protect themselves from potential legal liabilities.
The legal alternative of informed consent can be seen as both a form of legal compliance and risk mitigation.
Legal Compliance: Informed consent is a legal concept that requires doctors to provide patients with relevant information about their medical condition, proposed treatment, potential risks, and alternatives. By obtaining informed consent from the patient, doctors are complying with legal regulations and standards. It ensures that patients have the necessary information to make decisions about their own healthcare.
Risk Mitigation: Informed consent also serves as a risk mitigation strategy for doctors. By obtaining informed consent, doctors are minimizing the risk of potential legal liability or being sued after a surgical procedure. Informed consent helps doctors establish that the patient was made aware of the potential risks and benefits of the treatment, reducing the likelihood of future claims of negligence.
Overall, the concept of informed consent serves to both comply with legal requirements and mitigate potential risks for doctors.