Question

A board-certified facial plastic and reconstructive surgeon retired and established an inner-city clinic to provide free care for poor people with facial disfigurements. A young African American woman with diabetes mellitus arrived at his clinic and stated that she wanted a large birthmark removed from her face. The plastic surgeon advised the woman that, with her diabetes, she was not a good candidate for this procedure. He referred her to a psychologist to assist her with her distress over her birthmark. A week later, she came back to the clinic and brought her 10-year-old son with her. He had the same birthmark; she didn’t want him to grow up being taunted the way she had been as a child. The boy did not have diabetes and was a good candidate. However, all surgery has the possibility of scarring, which the physician told the mother. She gave informed consent and the surgeon provided the care for the little boy free of charge. After the surgery, the child had a small scar less than two millimeters in size. The mother sued the plastic surgeon. Discussion Questions 1. What are the facts of this case? 2. Was the plastic surgeon wrong to operate on this patient? 3. What ethical dilemmas does this case illustrate? 4. What principles of ethics are involved in this case? 5. How would you feel if you were the physician? 6. Do you think the mother really understood the risks? Give three possible motives for the woman’s behavior in this case. 7. What should the physician do?

Answer 1

1)It is clearly seen that it is the case of malicious and baseless litigation. It was a properly-executed consent form so will generally bar a patient from suing a doctor for lack of informed consent.The surgeon had already explained about the risk of scarring before obtaining consent.The patient usually cannot make a claim against the doctor for lack of informed consent in this situation as doctor clearly explained and took the consent from the mother.

2.No the plastic surgeon wad not wrong. Generally, it's required to be a legal aged adult who is able to make a fully informed decision to undergo plastic surgery. However, one exception to this is the requirement of parental consent for an underage patient. Here in this case surgeon took consent from the mother as child was underage.

3.Caring for 'Undeserving' Patients is the ethical dilemma of the physician seen here. Physicians don't check their humanity at the door. Neither do their patients.Surgeon has done the surgery for free and he already explained the risk which can be caused and took informed consent, even though the mother sued the physician.

4.Nonmaleficence is the ethical principle which was not followed here. Mother try to harm the physician may be due to her ignorance or intentional for personal benefit.

5.If i was the physician i would feel that purpose of helping people has no value. And it can even affect the quality of my care and service. Even though I helped the patient by giving free treatment and giving all information regarding after effects and taking consent, they tried to harm me. So obviously i will doubt the use of doing goodness towards others.

6.I dont think she understood the risk.

7.The three possible motives for women's behavior can be '

a. Ignorance

B. Getting medical insurance

C. Getting settlement fee from doctor.

7.He can approach the attorney with the evidences like consent form filled by mother and witness who signed the consent.