When psychiatry and bioethics disagree about patient decision making capacity (DMC)

Journal of Medical Ethics 32 (2):90-93 (2006)
The terms “competency” and “decision making capacity” are often used interchangeably in the medical setting. Although competency is a legal determination made by judges, “competency” assessments are frequently requested of psychiatrists who are called to consult on hospitalised patients who refuse medical treatment. In these situations, the bioethicist is called to consult frequently as well, sometimes as a second opinion or “tie breaker”. The psychiatric determination of competence, while a clinical phenomenon, is based primarily in legalism and can be quite different from the bioethics approach. This discrepancy highlights the difficulties that arise when a patient is found to be “competent” by psychiatry but lacking in DMC by bioethics. Using a case, this dilemma is explored and guidance for reconciling the opinions of two distinct clinical specialties is offered
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1136/jme.2005.013136
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 15,914
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles
Ajit Shah (2011). Mental Competence or Best Interests? Philosophy, Psychiatry, and Psychology 18 (2):151-152.
Ajit Shah (2011). The Pragmatic Aspects of Assessing Mental Capacity. Philosophy, Psychiatry, and Psychology 18 (2):133-134.
Tim Thornton (2011). Capacity, Mental Mechanisms, and Unwise Decisions. Philosophy, Psychiatry, and Psychology 18 (2):127-132.

Monthly downloads

Added to index


Total downloads

8 ( #267,266 of 1,725,584 )

Recent downloads (6 months)

1 ( #349,436 of 1,725,584 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.