Three concepts of patient competence

1983 ◽  
Vol 4 (3) ◽  
pp. 231-251 ◽  
Author(s):  
Haavi Morreim
Keyword(s):  
Patient Competence

Assessment of patient competence for making decisions

2020 ◽  
Vol 220 (4) ◽  
pp. 256-262
Author(s):  
G.J. Palacios ◽  
P. Pinto ◽  
O. Marquez ◽  
B. Herreros
Keyword(s):  
Patient Competence

PHYSICIAN ASSESSMENT OF PATIENT COMPETENCE

1995 ◽  
Vol 43 (6) ◽  
pp. 726-727
Author(s):  
Donald G. Slone ◽  
Susan L. Pierini
Keyword(s):  
Physician Assessment ◽  
Patient Competence

scholarly journals The protection of health in the care and trust relationship between doctor and patient: Competence, professional autonomy and responsibility of the doctor and decision-making autonomy of the patient

2018 ◽  
Author(s):  
Paola Delbon
Keyword(s):  
Advance Directives ◽  
Medical Information ◽  
Professional Autonomy ◽  
Sources Of Information ◽  
Roles And Responsibilities ◽  
Dynamic Relationship ◽  
The Law ◽  
Voluntary Choice ◽  
Relationship Of ◽  
Patient Competence

The Authors review Law No. 219/2017, with its important contribution to defining the roles and responsibilities of subjects in care relationship – a dynamic relationship (over time, for the condition of the interested party, to people who may be involved) – and regulating advance directives and shared planning of care. The Law promotes and enhances the relationship of care and trust between doctor and patient, which includes the competence, professional autonomy and responsibility of the doctor and the decisional autonomy and right to self-determination – to make an informed and voluntary choice about treatment proposed by the doctor - of the patient. For concrete implementation of the Law, an adequate information system and all the measures to guarantee certainty about the consequences of behaviour and protection of the rights of all the subjects involved are now essential. In addition, for advance directives, it is essential to reflect on the adequacy of medical information required by the Law itself for its drafting, considering that the citizen can contact qualified professionals and also independently find this information autonomously, selecting the sources of information.

Defining Patient Competence for Medical Decision Making

CHEST Journal ◽  
1991 ◽  
Vol 100 (5) ◽  
pp. 1404-1409 ◽  
Author(s):  
Jean S. Kutner ◽  
John E. Ruark ◽  
Thomas A. Raffin
Keyword(s):  
Decision Making ◽  
Medical Decision Making ◽  
Medical Decision ◽  
Patient Competence

Exceptions to the Legal Requirements: Incompetence

2001 ◽  
Author(s):  
Jessica W. Berg ◽  
Paul S. Appelbaum ◽  
Charles W. Lidz ◽  
Lisa S. Parker
Keyword(s):  
Informed Consent ◽  
Legal Framework ◽  
Legal Requirements ◽  
Legal Doctrine ◽  
Legal Cases ◽  
Incompetent Patient ◽  
Consent To Treatment ◽  
Surrogate Decision ◽  
Usual Process ◽  
Patient Competence

It might seem strange to locate discussion of incompetence under the heading of “exceptions.” Although patient competence serves as a prerequisite for informed consent, surely patient incompetence cannot serve to relieve physicians of all obligations, either ethical or legal, under the doctrine of informed consent. The goals of informed consent—safeguarding patient welfare and autonomy—apply no less to incompetent patients, although they must be pursued differently. The goals of informed consent are pursued on behalf of an incompetent patient by a process of surrogate decision making. A surrogate or proxy participates in the informed consent process on behalf of the incompetent patient. Yet, from the perspective of the physician, the patient’s incompetence constitutes an exception to the usual process of informed consent. A determination of incompetence alters the legal requirements for physician disclosure and for patient consent and thus it is properly regarded as an exception in this sense. This chapter, like the previous two, focuses on the legal doctrine of informed consent and addresses the variation in the legal requirements occasioned by a patient’s incompetence. We leave to others to examine in greater detail the ethical justifications for the legal framework surrounding treatment of incompetent patients (3). It has been recognized since the earliest legal cases dealing with consent that certain individuals are incompetent to consent to treatment and that they may be treated without their consent (4,5). One alternative to treatment without the patient’s consent would be no treatment at all (6), a result that would make a fetish of consent, for it would mean that those lacking the ability to make medical decisions would be required to forgo medical care. The exception for incompetent patients is closely related to the emergency exception. In fact, many situations involve an overlap of the two exceptions, since a number of cases of genuine emergency treatment involve unconscious (and thus incompetent) patients. However, the class of incompetent patients includes more than just those who are unconscious, and situations arise involving the treatment of incompetent patients that are not emergencies.

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