Legal & Ethical Issues: role of documentation

Question:
After reviewing the module readings, please answer the following questions:
1. What is vicariously liability? How would you approach a discussion with a potential
consulting/collaborating physician about vicarious liability?
2. Review these Midwifery Strategies for Liability Risk Reduction (http://www.midwife.org/MidwiferyStrategies­for­Liability­Risk­Reduction) . Many of these strategies involve informed consent. Next, review
Table 14­4 from your readings in the Ament text (reproduced below) and answer the following questions:
­ How can you improve your informed consent process with clients?
­ What is the role of documentation in informed consent discussions?
Key Elements of Informed Consent
1. Proposed treatment
2. Full and unbiased information
3. Use of language that is understood
4. Risks and benefits of each proposed action
5. Verification that information given was understood
6. Obtain consent to deny or proceed with proposed action
3. Discuss use of technology in maternity care as an ethical issue in midwifery
Solution:
In healthcare practice, health providers work in collaboration with other r professionals occupying similar, but different roles. However, the majority of these professionals are afraid that they might become liable for the actions of their collaborators. This situation is referred to as vicarious liability and is a controversial topic that every health care provider needs to understand it better for successful teamwork in normal practices (Morgan, 2014). In particular, understanding this topic is very crucial for mid-wives In their conversations with physician partners According to the Black’s Law Dictionary, Vicarious liability is described as a liability that a supervisory party such as an employer bears for the actionable conduct of a subordinate or colleague based on a relationship between the two parties. It is also known as an imputed liability.
There exist important steps and conversation that should be provided when a physician brings up the issue of vicarious liability as a barrier to team-based collaborative care. Firstly, it is imperative to determine the interrelationships of the team in team-based care. Here, there are two general concepts, one entity which contracts for services to patients through a multi-disciplinary team of providers. That entity relates to the provision