i wanted to ask regarding consent for medical procedure.
this patient keen for a cosmetic surgery. But it seems that this patient is confused on the time when the doctor discussed with her. but anyway even the doctor know that patient is confused (due to some reason as suspect she's having illness that affects her capacity on that time) and even the patient's spouse suggested the doctor maybe should postpone the procedure until patient is turn to normal, the doctor reassured the spouse everything will be okay as the patient indicated that she is keen for the procedure.
but the thing is, after the doctor left, the patient ask the spouse where is she.. the spouse tell her at where and will do a cosmetic surgery that she want...
and, a staff nurse notice consent haven't been sign but patient already put into sleep so she ask the spouse to sign the consent for her. He signed.
at the end, patient died due to post op infection and sepsis.
so the spouse wanted to sue the Dr as she proceed with the procedure when the dr already knew she's not well.
so i want to know, is it okay for a spouse to sign for them? As in for cosmetic procedure (eg. Abdominoplasty).. what i know is if someone has to sign on behalf for this person, they need to have POA to sign (other than court/mental act)
my answer is:
-the Dr shouldn't proceed the procedure if she knew patient is confused. She didn't give a valid consent to patient (element of valid consent).
-the Dr will be found guilty for criminal law battery (?) and consent is not valid ..
#sorry for my messed up grammar
#please correct me
#im still trying to understand health law ethics topic.