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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. Although the Code of Medical Ethics does not have much to say about mental health per se, the Code does consider patient decision-making capacity, mental competence, and surrogate decision making for those who are unable—over the short term or the long term—to make their own health care decisions.

    • Danielle Hahn Chaet
    • 2016
  4. A patient who is competent to refuse treatment would likely be competent to refuse to explain why, if the patient was sufficiently informed about both. If the patient were competent, the patient's refusal to explain would be an informed refusal.

    • Samia A. Hurst
    • 2004
  5. 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
  6. Jun 30, 2014 · Today, doctors in the United States are ethically required to report an incompetent colleague. Iatrogenic injury—injury 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. Abstract. 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 previously competent patients.