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Decision-Making Capacity

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Stanford Encyclopedia of Philosophy (2020)

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  1. Revive and Refuse: Capacity, Autonomy, and Refusal of Care After Opioid Overdose.Kenneth D. Marshall, Arthur R. Derse, Scott G. Weiner & Joshua W. Joseph - 2024 - American Journal of Bioethics 24 (5):11-24.
    Physicians generally recommend that patients resuscitated with naloxone after opioid overdose stay in the emergency department for a period of observation in order to prevent harm from delayed sequelae of opioid toxicity. Patients frequently refuse this period of observation despiteenefit to risk. Healthcare providers are thus confronted with the challenge of how best to protect the patient’s interests while also respecting autonomy, including assessing whether the patient is making an autonomous choice to refuse care. Previous studies have shown that physicians (...)
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  • Why Decision-making Capacity Matters.Ben Schwan - 2021 - Journal of Moral Philosophy 19 (5):447-473.
    Decision-making Capacity matters to whether a patient’s decision should determine her treatment. But why it matters in this way isn’t clear. The standard story is that dmc matters because autonomy matters. And this is thought to justify dmc as a gatekeeper for autonomy – whereby autonomy concerns arise if but only if a patient has dmc. But appeals to autonomy invoke two distinct concerns: concern for authenticity – concern that a choice is consistent with an individual’s commitments; and concern for (...)
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  • Why Even a Liberal Can Justify Limited Paternalistic Intervention in Anorexia Nervosa.Jennifer Hawkins - 2021 - Philosophy, Psychiatry, and Psychology 28 (2):155-158.
    Most adult persons with anorexia satisfy the existing criteria widely used to assess decision-making capacity, meaning that incapacity typically cannot be used to justify coercive intervention. After rejecting two other approaches to justification, Professor Radden concludes that it is most likely not possible to justify coercive medical intervention for persons with anorexia in liberal terms, though she leaves it open whether some other framework might succeed. I shall assume here that the standard approach to assessing decisionmaking capacity is adequate.1 The (...)
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  • Further Reflections: Surrogate Decisionmaking When Significant Mental Capacities are Retained.Jennifer Hawkins - 2021 - Cambridge Quarterly of Healthcare Ethics 30 (1):192-198.
    Mackenzie Graham has made an important contribution to the literature on decisionmaking for patients with disorders of consciousness. He argues, and I agree, that decisions for unresponsive patients who are known to retain some degree of covert awareness ought to focus on current interests, since such patients likely retain the kinds of mental capacities that in ordinary life command our current respect and attention. If he is right, then it is not appropriate to make decisions for such patients by appealing (...)
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  • The rationality of eating disorders.Stephen Gadsby - 2023 - Mind and Language 38 (3):732-749.
    Sufferers of eating disorders often hold false beliefs about their own body size. Such beliefs appear to violate norms of rationality, being neither grounded by nor responsive to appropriate forms of evidence. I defend the rationality of these beliefs. I argue that they are in fact supported by appropriate evidence, emanating from proprioceptive misperception of bodily boundaries. This argument has far‐reaching implications for the explanation and treatment of eating disorders, as well as debates over the relationship between rationality and human (...)
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