Legal Safeguards for Patients Undergoing High-Risk Surgeries
DOI:
https://doi.org/10.52783/jns.v14.1664Keywords:
Legal Safeguards, High-Risk Surgeries, Informed Consent, Patient Autonomy, Patient Rights, Legal Protections, Healthcare Ethics, Patient Safety, Medical NegligenceAbstract
High-risk operations such organ transplants, complicated cardiac procedures, and large cancer operations carry a lot of medical hazards including complications, extended recovery periods, and even death. Those who undergo these procedures so not only endanger their bodies but also run moral and legal issues. Legal safeguards are required to guarantee these patients' health and respect of their rights. The primary legal rights for those undergoing high-risk therapies are examined in this article. It emphasises informed consent, medical culpability, patient autonomy, and the responsibility of healthcare professionals in ensuring patients get moral and safe treatment. To provide their informed assent, patients have to completely grasp the hazards, benefits, and different choices apart from surgery. Patients have legal right to make their own decisions about their medical treatment. This right has to be respected, hence particular attention should be paid to youngsters and those with cognitive issues. Medical malpractice laws hold medical professionals accountable for delivering inadequate treatment and prevent their negligent actions. With the aid of ethical committees and legislation review procedures, challenging decisions about high-risk therapies benefit the patient most of the time. The article also addresses the harmony between a patient's right to be left alone and their possibility of being compelled to undergo surgery. This is particularly crucial in cases when the operation's result is quite crucial. By examining these legal safeguards, the article demonstrates the need of legislation safeguarding patients' rights, therefore reducing risks and fostering confidence in the healthcare system. At last, these protections ensure that therapies with a great risk are carried out with the appropriate moral, ethical, and carefulness.
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Nepogodiev D, Martin J, Biccard B, Makupe A, Bhangu A; National Institute for Health Research Global Health Research Unit on Global Surgery. Global burden of postoperative death. Lancet. 2019;393(10170):401.
Bartels K, Karhausen J, Clambey ET, Grenz A, Eltzschig HK. Perioperative organ injury. Anesthesiology. 2013;119(6):1474-1489.
Hall MJ, Schwartzman A, Zhang J, Liu X. Ambulatory surgery data from hospitals and ambulatory surgery centers: United States, 2010. Natl Health Stat Report. 2017;(102):1-15.
Corey KM, Kashyap S, Lorenzi E, et al. Development and validation of machine learning models to identify high-risk surgical patients using automatically curated electronic health record data (Pythia): a retrospective, single-site study. PLoS Med. 2018;15(11):e1002701.
Bilimoria KY, Liu Y, Paruch JL, et al. Development and evaluation of the universal ACS NSQIP surgical risk calculator: a decision aid and informed consent tool for patients and surgeons. J Am Coll Surg. 2013;217(5):833-42.e1, 3.
Fleisher LA, Fleischmann KE, Auerbach AD, et al. 2014 ACC/AHA guideline on perioperative cardiovascular evaluation and management of patients undergoing noncardiac surgery: executive summary: a report of the American College of Cardiology/American Heart Association Task Force on Practice Guidelines. Circulation. 2014;130(24):2215-2245.
Choi BG, Rha SW, Yoon SG, Choi CU, Lee MW, Kim SW. Association of major adverse cardiac events up to 5 years in patients with chest pain without significant coronary artery disease in the Korean population. J Am Heart Assoc. 2019;8(12):e010541.
Talmor D, Kelly B. How to better identify patients at high risk of postoperative complications? Curr Opin Crit Care. 2017;23:417–423.
Stefani LC, Hajjar L, Biccard B, et al. The need for data describing the surgical population in Latin America. Br J Anaesth. 2022
Gutierrez CS, Passos SC, Castro SMJ, et al. Few and feasible preoperative variables can identify high-risk surgical patients: derivation and validation of the Ex-Care risk model. Br J Anaesth. 2021;126:525–532.
Passos SC, Stahlschmidt A, Blanco J, et al. Derivation and validation of a national multicenter mortality risk stratification model - the ExCare model: a study protocol. Braz J Anesthesiol. 2022;72:316–321.
Yildiz GO, Hergunsel GO, Sertcakacilar G, et al. Perioperative goal-directed fluid management using noninvasive hemodynamic monitoring in gynecologic oncology. Braz J Anesthesiol. 2022;72:322–330.
Weiser, T. G. et al. Estimate of the global volume of surgery in 2012: an assessment supporting improved health outcomes. Lancet 385, S11 (2015).
Meara, J. G. et al. Global Surgery 2030: Evidence and solutions for achieving health, welfare, and economic development. Surgery 158, 3–6 (2015).
Childers, C. P. & Maggard-Gibbons, M. Understanding costs of care in the operating room. JAMA Surg. 153, e176233 (2018).
Zegers, M. et al. The incidence, root-causes, and outcomes of adverse events in surgical units: implication for potential prevention strategies. Patient Saf. Surg. 5, 13 (2011).
Lewandrowski, K.-U. et al. Regional variations in acceptance, and utilization of minimally invasive spinal surgery techniques among spine surgeons: results of a global survey. J. Spine Surg. 6, S260–S274 (2020).
Bardakcioglu, O., Khan, A., Aldridge, C. & Chen, J. Growth of laparoscopic colectomy in the United States: analysis of regional and socioeconomic factors over time. Ann. Surg. 258, 270–274 (2013).
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