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Related Experiment Videos

Who can decide?

R P Holm1

  • 1Brookings Clinic, SD.

South Dakota Journal of Medicine
|December 1, 1990
PubMed
Summary
This summary is machine-generated.

Individuals may lose their right of self-determination if mental capacity is impaired by illness. Physicians must assess this capacity, a responsibility highlighted by recent legal actions.

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Area of Science:

  • Medical Law
  • Bioethics
  • Clinical Psychology

Background:

  • The right to self-determination is constitutionally protected.
  • Mental illness can impair an individual's capacity to choose, potentially affecting this right.
  • Physicians face increasing responsibility in assessing patient capacity.

Purpose of the Study:

  • To discuss the complexities of determining mental capacity to choose.
  • To highlight the legal and medical implications of impaired capacity.
  • To describe a method for testing an individual's capacity.

Main Methods:

  • Review of legal precedents and legislative actions (US Supreme Court, South Dakota).
  • Discussion of the medical and psychiatric factors affecting capacity.

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  • Description of a practical testing methodology for assessing capacity.

    • Main Results:

    • Legal and legislative actions underscore the physician's role in capacity assessment.
    • Determining capacity is complex, influenced by medical and psychiatric conditions.
    • A specific testing method for capacity is presented.

    Conclusions:

    • Physicians must be equipped to assess an individual's capacity to choose.
    • Understanding and applying capacity testing methods are crucial for upholding patient rights and legal standards.