Healthcare Ethics -- Bearing the Essay

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In principle, the logical basis for making any such distinctions would relate to whether or not patients could reasonably be considered to have contributed to the problem in the first place. The easiest choices would be individual at both ends of the spectrum: those who suffer from medical conditions that are known to be responsible on one end and those whose conditions are entirely the result of irresponsible choices. Almost everywhere else in between those extremes requires some kind of value judgment or the drawing of a line that is at least somewhat arbitrary. Generally, the more a person can be fairly considered to have caused his condition, the less right he has to demand free procedures; conversely, the less a person in responsible, the more right he has to the same.

When these surgeries have serious complications, should patients have the right to sue their doctors, even though the risk are known?

That depends.

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There is no justifiable basis for recovery unless there is some fault or something specific that the defendant did (or failed to do) that he should have done differently. In these situations, there might be a legitimate reason to sue the doctor if he failed to adequately disclose the risks and explain them accurately, or failed to make sure the patient understood, or failed to secure consent. There would obviously be issues of fault where the doctor actually caused a risk to materialize through mistake or negligence. However, without a specific reason to consider the doctor at fault in some way, there would not be a legitimate basis for holding him responsible where he discloses and explains all the risks in advance and also performs the procedure perfectly......

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