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  1. Informierte Einwilligung in der Demenzforschung. Eine qualitative Studie zum Informationsverständnis von Probanden.Holger Schütz, Bert Heinrichs, Michael Fuchs & Andreas Bauer - 2016 - Ethik in der Medizin 28 (2):91-106.
    Background: Informed consent is a legal as well as ethical prerequisite in clinical research. For dementia research, informed consent can be a problem if subjects with dementia, whose capacity for understanding and thus also decision making might be limited, are to be exam- ined. This might result in exclusion of dementia patients from research, as capacity for understanding and decision making are often equated with the ability for rational decision making. However, this valuation has been criticized at times for attaching (...)
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  • Emotion and Value in the Evaluation of Medical Decision-Making Capacity: A Narrative Review of Arguments.Helena Hermann, Manuel Trachsel, Bernice S. Elger & Nikola Biller-Andorno - 2016 - Frontiers in Psychology 7.
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  • Unreasonable Reasons: Normative Judgements in the Assessment of Mental Capacity.Natalie F. Banner - 2012 - Journal of Evaluation in Clinical Practice 18 (5):1038-1044.
  • Depression, Possibilities, and Competence: A Phenomenological Perspective. [REVIEW]Gerben Meynen - 2011 - Theoretical Medicine and Bioethics 32 (3):181-193.
    Competent decision-making is required for informed consent. In this paper, I aim, from a phenomenological perspective, to identify the specific facets of competent decision-making that may form a challenge to depressed patients. On a phenomenological account, mood and emotions are crucial to the way in which human beings encounter the world. More precisely, mood is intimately related to the options and future possibilities we perceive in the world around us. I examine how possibilities should be understood in this context, and (...)
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  • Do We Need a Threshold Conception of Competence?Govert den Hartogh - 2016 - Medicine, Health Care and Philosophy 19 (1):71-83.
  • Mental Capacity and the Applied Phenomenology of Judgement.Wayne Martin & Ryan Hickerson - 2013 - Phenomenology and the Cognitive Sciences 12 (1):195-214.
    We undertake to bring a phenomenological perspective to bear on a challenge of contemporary law and clinical practice. In a wide variety of contexts, legal and medical professionals are called upon to assess the competence or capacity of an individual to exercise her own judgement in making a decision for herself. We focus on decisions regarding consent to or refusal of medical treatment and contrast a widely recognised clinical instrument, the MacCAT-T, with a more phenomenologically informed approach. While the MacCAT-T (...)
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  • How is Informed Consent Related to Emotions and Empathy? An Exploratory Neuroethical Investigation.Alexander Supady, Antonie Voelkel, Joachim Witzel, Udo Gubka & Georg Northoff - 2011 - Journal of Medical Ethics 37 (5):311-317.
    Context Informed consent is crucial in daily clinical practice and research in medicine and psychiatry. A recent neuroethical investigation explored the psychological factors that are crucial in determining whether or not subjects give consent. While cognitive functions have been shown to play a central role, the impact of empathy and emotions on subjects' decisions in informed consent remains unclear. Objective To evaluate the impact of empathy and emotions on subjects' decision in informed consent in an exploratory study. Design Decisional capacity (...)
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  • Euthanasia and Assisted Suicide for People with an Intellectual Disability and/or Autism Spectrum Disorder: An Examination of Nine Relevant Euthanasia Cases in the Netherlands.Irene Tuffrey-Wijne, Leopold Curfs, Ilora Finlay & Sheila Hollins - 2018 - BMC Medical Ethics 19 (1):17.
    Euthanasia and assisted suicide have been legally possible in the Netherlands since 2001, provided that statutory due care criteria are met, including: voluntary and well-considered request; unbearable suffering without prospect of improvement; informing the patient; lack of a reasonable alternative; independent second physician’s opinion. ‘Unbearable suffering’ must have a medical basis, either somatic or psychiatric, but there is no requirement of limited life expectancy. All EAS cases must be reported and are scrutinised by regional review committees. The purpose of this (...)
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  • Assessment of Parental Decision-Making in Neonatal Cardiac Research: A Pilot Study.A. T. Nathan, K. S. Hoehn, R. F. Ittenbach, J. W. Gaynor, S. Nicolson, G. Wernovsky & R. M. Nelson - 2010 - Journal of Medical Ethics 36 (2):106-110.
    Objective To assess parental permission for a neonate's research participation using the MacArthur competence assessment tool for clinical research (MacCAT-CR), specifically testing the components of understanding, appreciation, reasoning and choice. Study Design Quantitative interviews using study-specific MacCAT-CR tools. Hypothesis Parents of critically ill newborns would produce comparable MacCAT-CR scores to healthy adult controls despite the emotional stress of an infant with critical heart disease or the urgency of surgery. Parents of infants diagnosed prenatally would have higher MacCAT-CR scores than parents (...)
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  • Is Decision-Making Capacity an “Essentially Contested” Concept in Pediatrics?Eva De Clercq, Katharina Ruhe, Michel Rost & Bernice Elger - 2017 - Medicine, Health Care and Philosophy 20 (3):425-433.
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  • Researching the Mental Capacity Act 2005: Reflections on Governance, Field Relationships, and Ethics with an Adult Who Did Not Consent.Godfred Boahen - 2015 - Ethics and Social Welfare 9 (4):375-389.
  • Autonomie Als Rechtfertigungsgrund Psychiatrischer TherapienAutonomy as a Justification for Psychiatric Treatments.Orsolya Friedrich & Jan-Hendrik Heinrichs - 2014 - Ethik in der Medizin 26 (4):317-330.
    Research with psychiatric patients raises frequently discussed, ethical questions, one of which is: Can psychiatric patients give consent to participation in research at all? To answer this and similar questions adequately, it is - according to our thesis - necessary to analyze first, which theoretical assumptions are made in established practice. -/- To solve the question after the possibility of consent, compatible understandings of ‘disease’, ‘illness’ and ‘autonomy’ are crucial, but there is no consensual use of these terms in philosophy. (...)
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  • An Ethical Evaluation of Stereotactic Neurosurgery for Anorexia Nervosa.Sabine Müller, Rita Riedmüller, Henrik Walter & Markus Christen - 2015 - American Journal of Bioethics Neuroscience 6 (4):50-65.
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  • Interface Cannot Replace Interlocution: Why the Reductionist Concept of Neuroimaging-Based Capacity Determination Fails.Ralf J. Jox - 2013 - American Journal of Bioethics Neuroscience 4 (4):15-17.
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  • Deep Brain Stimulation, Emotions, and Decision-Making Capacity.Ron Berghmans - 2011 - American Journal of Bioethics Neuroscience 2 (1):22-24.
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  • Depression and Decision-Making Capacity for Treatment or Research: A Systematic Review.Thomas Hindmarch, Matthew Hotopf & Gareth S. Owen - 2013 - BMC Medical Ethics 14 (1):54.
    Psychiatric disorders can pose problems in the assessment of decision-making capacity (DMC). This is so particularly where psychopathology is seen as the extreme end of a dimension that includes normality. Depression is an example of such a psychiatric disorder. Four abilities (understanding, appreciating, reasoning and ability to express a choice) are commonly assessed when determining DMC in psychiatry and uncertainty exists about the extent to which depression impacts capacity to make treatment or research participation decisions.
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  • Decision Making Capacity Should Not Be Decisive in Emergencies.Dieneke Hubbeling - 2014 - Medicine, Health Care and Philosophy 17 (2):229-238.
    Examples of patients with anorexia nervosa, depression or borderline personality disorder who have decision-making capacity as currently operationalized, but refuse treatment, are discussed. It appears counterintuitive to respect their treatment refusal because their wish seems to be fuelled by their illness and the consequences of their refusal of treatment are severe. Some proposed solutions have focused on broadening the criteria for decision-making capacity, either in general or for specific patient groups, but these adjustments might discriminate against particular groups of patients (...)
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