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Commentary 1: Research with Persons Under Involuntary Commitment-Ethical Issues Surrounding Competence and
Matthé Scholten1, Jochen Vollmann1
1Institute for Medical Ethics and History of Medicine, Ruhr University Bochum, Germany.
Journal of Empirical Research on Human Research Ethics : JERHRE
|November 30, 2019
Summary
Informed consent for individuals with bipolar disorder requires careful consideration of competence and voluntariness. Manic symptoms do not automatically negate decision-making capacity for research participation.
Area of Science:
- Bioethics
- Psychiatry
- Clinical Psychology
Background:
- Ethical concerns arise regarding informed consent for individuals with bipolar disorder undergoing involuntary commitment.
- The case commentary examines prerequisites for valid informed consent: competence and voluntariness.
Purpose of the Study:
- To analyze ethical concerns in obtaining informed consent from a patient with bipolar disorder under involuntary commitment.
- To evaluate the impact of manic symptoms on competence and the implications for consent validity and revocation.
- To assess the influence of involuntary commitment on the voluntariness of consent and explore potential coercion.
Main Methods:
- Case commentary analyzing ethical principles of informed consent.
- Focus on functional approach to assess decision-making abilities for competence.
- Examination of voluntariness based on reflective endorsement of decisions.
Main Results:
- Manic symptoms do not inherently invalidate competence; retroactive invalidation of consent is not supported.
- Incompetence during an interview compromises the ability to revoke consent, not initial consent validity.
- Proxy consent may infringe upon the autonomy of competent service users.
- Voluntariness depends on reflective endorsement, not desire intensity or external factors.
- Disclosure that study participation does not affect commitment or care negates coercion/undue influence in this instance.
Conclusions:
- Judgments of competence should be functional, assessing decision-making abilities.
- Involuntary commitment increases the likelihood of perceived coercion and undue influence, necessitating safeguards.
- Autonomy of competent individuals must be protected, avoiding unnecessary proxy consent.
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