Court Case: Administrator Vs. Jose Vega

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Recommended: Right to choose medical treatment

Ian Shine, Administrator vs Jose Vega & another touches on a very delicate issue. The right of the patient to refuse treatment and the responsibility of the physician to administer treatment. The right of a competent adult to refuse medical treatment should always be respected even if the physician assumes the situation to be life threatening. In this case, Dr. Vega actions cannot be justified. Dr. Vega never discussed the risk or the benefits of intubation with Catherine 2(patient). Even if Catherine was believed to be incompetent to consent, Dr. Vega should have petitioned consent from Catherine’s sister, who was present at the time, he did not. As a result, Catherine was restrained and forced to receive a treatment that she as a competent adult had objected to. …show more content…

Munoz, supra at 123. In this case, Dr. Vega did not follow proper protocol. Consequently, the risk or benefit of intubation was never discussed with the patient. Catherine was administered two blood oxygen test. After the second blood gas test, results became available showing Catherine’s condition had improved. Dr. Vega testified that the results, even if he had read them(he had not) would not have changed his decision to intubate Catherine.
Catherine was not unconscious or unable to give consent. Dr. Vega Stated himself under oath that Catherine exercised her right to refuse medical treatment. Even if Dr. Vegas professional assessment of Catherine deemed her incompetent to make decisions regarding her treatment, consent should have been requested from her sister Anna, who was present. Therefore, receiving consent from a relative would be more reliable considering the consent of an unconscious

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