1.  49
    Faulty judgment, expert opinion, and decision-making capacity.Michel Silberfeld & David Checkland - 1999 - Theoretical Medicine and Bioethics 20 (4):377-393.
    An assessment of decision-making capacity is the accepted procedure for determining when a person is not competent. An inferential gap exists between the criteria for capacity specific abilities and the legal requirements to understand relevant information and appreciate the consequences of a decision. This gap extends to causal influences on a person'scapacity to decide. Using a published case of depression, we illustrate that assessors' uses of diagnostic information is frequently not up to the task of bridging this inferential gap in (...)
    Direct download (3 more)  
    Export citation  
    Bookmark   4 citations  
  2. Mental competence and the question of beneficent intervention.David Checkland & Michel Silberfeld - 1996 - Theoretical Medicine and Bioethics 17 (2).
    The authors examine recent arguments purporting to show that mental incompetence (lack of decision-making capacity) is not a necessary condition for intervention in a person's best interests without consent. It is concluded that these arguments fail to show that competent wishes could justifiably be overturned. Nonetheless, it remains an open question whether accounts of decision-making capacity based solely on the notions of understanding and appreciation can adequately deal with various complexities. Different possible ways of resolving these complexities are outlined, all (...)
    Export citation  
  3. Reflections on segregating and assessing areas of competence.David Checkland & Michel Silberfeld - 1995 - Theoretical Medicine and Bioethics 16 (4).
    Various complexities that arise in the application of legal and/or clinical criteria to the actual assessment of competence/capacity are discussed, and a particular way of understanding the nature of such criteria is recommended.
    Export citation  
    Bookmark   1 citation