Assignment Discussion: Breach of Contract, Breach of Duty Case Study
Read the case below and answer these questions:
Do you think Leonard has grounds to sue Dr. Farrah-Fowler for breach of express contract?
Would your decision be different if, after signing the consent forms, Leonard orally told Dr. Farrah-Fowler that he would consider a blood transfusion, if necessary?
Would your decision, based only on the written forms, be different if Leonard was 17 years old when he signed the hospital forms?
In developing your analysis, research/consider such issues as informed consent, express contract, capacity to contract, and a patient's right to deny medical treatment.
Title your thread "Breach" or "No Breach" to indicate your conclusion on the first question.
Use scholarly sources and biblical integration and annotate your references
Case study
Leonard was diagnosed with blockage in his carotid artery, and Dr. Farrah-Fowler recommended a surgical procedure. In anticipation of surgery, Leonard signed written forms entitled "Refusal of Treatment, Release from Liability" and "Consent to Operate." The documents indicated that Leonard refused to have blood or blood products given to him and that he fully understood the attendant risks. The documents expressly stated, "In all probability, my refusal for such treatment, medical intervention, and/or procedure (may/will) seriously imperil my health or life."
Hospital forms list Leonard's mother, Beverly, as his emergency contact. The day before his surgery, Leonard signed another consent form indicating again that he would not give permission to the doctor to use blood or blood products, even if it became necessary to administer blood.
Surgery was performed and appeared to have gone well; however, Leonard later developed a blood clot and had a stroke while in the recovery room, where he remained unconscious. The next day, Leonard began bleeding from the surgical site and lost approximately 30% of his blood volume. His heart rate was extremely high, and Dr. Farrah-Fowler was concerned that if they could not get the heart rate down, Leonard would have a heart attack and die. When Leonard's hemoglobin fell further, Dr. Farrah-Fowler recommended a blood transfusion to Beverly, who consented to giving Leonard two units of blood. Leonard fully recovered.