Question

A patient is seen by a gastroenterologist, and it is recommended that the patient undergo a colonoscopy procedure for diagnostic purposes. The physician reviews the risks of having the procedure performed and the consequences of not having the procedure performed with the patient. The patient signs an informed consent form. Before the procedure, the medical assistant reviews the preparation instructions with the patient. In the instructions, it is clearly noted that the patient should stop taking any medication that may cause bleeding problems, such as aspirin, at least 7 days before the surgery. However, the patient continues to take a single 81-mg dose of aspirin each evening.

On the day of the procedure, both the medical assistant and the gastroenterologist review the preparation instructions with the patient, with the patient confirming that he followed all of them. Several days later, the patient complains of bleeding and must be hospitalized. The patient files a lawsuit against the gastroenterologist.

1. 1. Who is responsible in this case?
2. 2. What kind of defense(s) could the gastroenterologist use against this lawsuit?

Answer 1

1.The patient is responsible in this case because the medical assistant reviewed the instructions with the aotient and he signed an informed consent form .And prior to surgery both the assistant and the gastroenterologist reviewed the instructions for the second time with the patient and he confirmed that he followed the instructions.So the patient is in fault in this case.

2) Gastroenterologist can present the consent form and he can explain that his assistant reviewed the instructions before the procedure and on the day of the procedure both the assistant and him reviewed the instructions with the patient and he confirmed that he followed the instructions given.