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Mental Capacity Assessments for COVID-19 Patients: Emergency Admissions and the CARD Approach
Cameron Stewart1, Paul Biegler2, Scott Brunero3,4,5
1Sydney Law School, University of Sydney, NSW, 2006, Australia. cameron.stewart@sydney.edu.au.
Abstract:
The doctrine of consent (or informed consent, as it is called in North America) is built upon presumptions of mental capacity. Those presumptions must be tested according to legal rules that may be difficult to apply to COVID-19 patients during emergency presentations. We examine the principles of mental capacity and make recommendations on how to assess the capacity of COVID-19 patients to consent to emergency medical treatment. We term this the CARD approach (Comprehend, Appreciate, Reason, and Decide).
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