Discussion Post: Informed Consent

Question 1

The Mathias v. St. Catherine’s Hospital, Inc. case brought to fore the legal implications of

the duty of care and informed consent within the healthcare settings. The decisions by the appellate

court to dismiss the hospital from the medical malpractice court can be understood within the legal

concept of duty of care. This concept means that hospitals have an obligation to avoid conducting

procedures or acts of omission that can be reasonably predicted to injure patients. Considering the

factual allegations, hospital employees including nurses exercised ordinary care and performed the

duty owed to Mathias (Mathias v. St. Catherine’s Hospital, Inc., 1997). The nurses under the

directive of the hospital did not have a legal expectations to require an informed consent from

Mathias before the operation. This responsibility belonged to the independent doctor who oversaw

the procedure.