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Intensive Care Consultants and their obligation from the Assisted Decision Making (Capacity) Act 2015
Irish Medical Journal
|June 25, 2026
Summary
Intensive care consultants show significant gaps in knowledge and preparedness regarding the Assisted Decision Making (Capacity) Act 2015. More training is crucial to ensure compliance and avoid legal liability for healthcare professionals.
Area of Science:
- Medical Law
- Healthcare Compliance
- Patient Rights
Background:
- The Assisted Decision Making (Capacity) Act 2015 governs decision-making for individuals lacking capacity.
- Intensive care settings present complex scenarios for applying this legislation.
- Understanding healthcare professionals' awareness is vital for effective implementation.
Purpose of the Study:
- To assess Intensive Care Consultants' knowledge of the Assisted Decision Making (Capacity) Act 2015.
- To evaluate preparedness for legal obligations concerning patient decision-making in intensive care.
- To identify gaps in understanding and training needs.
Main Methods:
- Review of the Assisted Decision Making (Capacity) Act 2015.
- Development and distribution of a binary-response questionnaire to Intensive Care Consultants.
- Anonymous online survey collection and qualitative analysis of responses.
Main Results:
- Only 35% of surveyed ICU physicians completed the questionnaire.
- A majority (86%) were aware of the Act, but only 64% could identify a 'relevant person'.
- Crucially, 0% could identify all statutory criteria for decision-making capacity, and only 26% reported changing their practice.
Conclusions:
- Significant deficits in knowledge and preparedness regarding the Act were observed among Intensive Care Consultants.
- Lack of training and understanding poses risks of non-compliance and legal liability.
- Urgent need for comprehensive training to ensure adherence to the Assisted Decision Making (Capacity) Act 2015 is highlighted.
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