Re: Legal question

From: zygote@icsi.net
Fri Mar 17 04:38:21 2006


The crux of the case is not legal. It involves an ethical approach to the patient to discuss with some degree of throughness that the continuing presence of the Foley may be more detrimental for her health than its presence. The issue of need for ambulation is present or the increased risk for PE results. If she has been treated with Heparin since she is ill, large, immobilized, then the continued use has its own set of potential problems.

The root cause of her resistance needs to be explored. A social worker or other with non-threatening listening / exploratory skills needs to talk with her. Something else is likely prompting her behavior. If this does not work, then psych evaluation is not a bad idea.

Ultimately if an attempt is made to d/c Foley, it would require her help unless you just just the foley to allow the bulb to deflate. Given her size, then that may still require her help to get to the tube itself.

> >
> >> OK, for the lawyers: A doc on another forum is having problems with a
> >> patient who is refusing to comply with the recommended treatments during
> >> her hospitalization for pneumonia (yes, I know this is an OB-gyn board,
> >> but this could come up for one of you guys too), notably she is refusing
> >> to allow discontinuation of her foley after the acute phase of her
> >> illness is over, mainly because she also doesn't want to get out of bed.
> >> Apparently she is a large woman with no inclination to move.  I say just
> >> deflate the baloon and yank the foley and ignore her request to leave it
> >> in.  Would it be considered assault to DISCONTINUE a foley? I say if
> >> there is no medical need for it, the doc could be liable if the lady
> >> gets septic from a UTI.  What say the medico-legal experts?
> >>
> >PSYCH consult and alert Administration.
> >
> >Joe P.
>

Robert J. Carpenter, Jr. MD 6624 Fannin, #2720 Houston, TX 77030 (O) 713-795-4600 (F) 713-795-4422

"Life is difficult" The Road Less Travelled by Scott Peck





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