One of the most challenging tasks facing clinicians today is the assessment of patients' capacities to consent to treatment. The protection of a patient's right to decide, as well as the protection of incompetent patients from the potential harm of their decisions, rests largely on clinicians' abilities to judge patients' capacities to decide what treatment they will receive. However, confusing laws and the complicated ethical issues surrounding the concept...
Thomas Grisso, Ph.D. is Professor of Psychiatry and Director of Forensic Training and Research at the University of Massachusetts Medical Center.
Paul S. Appelbaum, M.D., is the A.F. Zeleznik Professor of Psychiatry, and Chairman of the Department of Psychiatry at the University of Massachusetts Medical Center. His books include: Trauma and Memory: Clinical and Legal Controversies (OUP, 1997) and Almost a Revolution: Mental Health Law and the Limits...
The ability of patients to make informed decisions about their care may be compromised by their illness, the effects of medication or hospitalization, or mental disorders such as delirium, dementia, or major depression. If patients are deemed incompetent to make informed decisions, they lose the power to make medical choices and to control their own care. In daily practice, it is physicians who...
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