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  1. When a patient lacks decision-making capacity, the physician has an ethical responsibility to: Identify an appropriate surrogate to make decisions on the patient’s behalf: the person the patient designated as surrogate through a durable power of attorney for health care or other mechanism;

  2. In assessing whether a patient is capable of making his/her own treatment decisions, health care professionals must determine whether the person is capable or incapable to do the following: d the relevant proposed treatment information AND• Appreciate the reasonably fores.

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  3. If there is not adequate evidence of the incapacitated or incompetent patient’s preferences and values, the decision should be based on the best interests of the patient (what outcome would most likely promote the patient’s well-being).

    • Danielle Hahn Chaet
    • 2016
  4. Jul 24, 2023 · Capacity is a crucial factor to consider when a patient is refusing care, as it is used to try to differentiate between someone who's decision making may be impaired and someone who's exercising their right to autonomy. Please note that capacity differs from a similar concept called competence.

    • Benjamin D. Pirotte, Scarlet Benson
    • 2023/07/24
    • 2021
  5. One of the most difficult situations facing physicians involves decision making by substitute decision makers for patients who have never been competent. This paper begins with a brief examination of the ethics of substitute decision making for ...

  6. Jun 30, 2014 · Today, doctors in the United States are ethically required to report an incompetent colleague. Iatrogenic injuryinjury caused unintentionally by medical treatment—breaks the oldest and most famous rule of medical ethics: primum non nocere , or above all, do no harm.

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  8. Clinical incapacity to make health care decisions is the medical judgment of a qualified doctor or other health care professional who determines a person is unable to do the following: Understand his or her medical condition or the significant benefits and harms of proposed treatment and its alternatives

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