[The notion of decision making capacity in medical and legal practice].

نویسندگان

Gladys Bórquez E

Gina Raineri B

Nina Horwitz C

Gabriela Huepe O

چکیده

BACKGROUND The relationship between patients and health professionals emphasizes deliberation and joint decision making, that derives in the informed consent. AIM To evaluate decision making of patients in health care and to identify the notion of capacity for decision making, according to lawyers and physicians. MATERIAL AND METHODS A semi-structured interview about procedures to assess decision making capacity was applied to 27 selected physicians and lawyers, considering their experience in this area. A qualitative analysis of answers was performed. RESULTS Several differences were observed between physicians and lawyers, probably originated in their respective disciplines as well as the context of their professional practice. For physicians the notion of capacity is associated to comprehension of the information, it is not absolute, and it must consider the intellectual maturity of the teenager and the autonomy of the elderly. This evaluation is frequently performed in the clinical interview and standardized protocols do not exist. For lawyers, capacity is established by age and is associated to rights and obligations, as determined by law. When it is assessed by experts, including physicians, it becomes evidence. These professionals assume that experts will use standardized assessment instruments. Capacity has significance in the legal system. CONCLUSIONS Since there are substantial consequences when a person is deemed incompetent, it is necessary to distinguish between health capacity and legal capacity, and to inverted exclamation markink the informed consent with the fundamental rights of citizens, such as taking decisions about our own health.

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

legal aspects of end of life and end stage disease

Abstract: Aims: End of Life (EOL) care providers potentially face by variety of legal and professional dilemma. This study is designed to review and analyze these challenges and approaches to solve them. Materials & Methods: In this narrative review study, legal aspects of end-of-life care in subjects such as medical assisted dying, decision-making capacity and withdrawal of life-sustaining...

متن کامل

Exclusionary Decision Making in Tehran Metropolitan Region- Complexity, Self organization and Power of Action

Viewing urban areas as webs of complex, interwoven networks, this article aims to analyze the decision-making process and its outcomes in Tehran metropolitan region. To do so, first the theoretical basis of complexity in urban life and its implications for planning have been reviewed. Using the main notion of power of action i.e. agency, and through creating the network of actors and their rela...

متن کامل

ارزیابی تناسب شغلی

Assessment of the ability of employees to work without risk to health and safety for themselves and others is the concept of job fitness. The five main criteria, i.e. work capacity, risk of health and safety, ethical indices, economic indicators and indicators of legal, occupational health physician must be considered in assessing fitness for work. This review article consists of different p...

متن کامل

Multiculturalism in medical decisionmaking: the notion of informed waiver.

Beginning with the proposition that the western medical tradition of emphasizing patient autonomy undermines a patient’s ability to limit his or her role in medical decision-making, the author of this student note proposes a model of informed waiver to counterbalance the perceived legal bias towards informed consent. Part I explains the western notion of patient autonomy in two distinct ways: f...

متن کامل