2012
DOI: 10.1177/0969733011431925
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Refusal of treatment and decision-making capacity

Abstract: This article explores refusal of medical treatment by adult patients from ethical and legal perspectives. Initially, consequentialist and deontological ethical theory are outlined. The concepts of autonomy, paternalism and competence are described and an overview of Beauchamp and Childress's principle-based approach to moral reasoning is given. Relevant common law is discussed and the provisions of the Mental Capacity Act 2005 in assessing competence is evaluated. In order to demonstrate the consideration of m… Show more

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Cited by 32 publications
(12 citation statements)
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“…Rubin et al (2018) proposed a 7-question algorithm to provide clinicians with an ethical framework for managing treatment refusal in patients lacking capacity. 30 Case reports of medical treatment-refusal have been described in the literature, highlighting issues which may arise including impaired decision-making capacity, stigma and competing ethical principles 9,23,[31][32][33][34][35][36][37] although older adults, particularly those with mental illness, are underrepresented. Similarly, none of the aforementioned studies consider the specific ethical and human rights challenges pertinent to older adults, nor do they consider the combined interplay of medical and mental illness, and practical issues facing clinicians in the setting of treatment-refusal.…”
Section: Introductionmentioning
confidence: 99%
“…Rubin et al (2018) proposed a 7-question algorithm to provide clinicians with an ethical framework for managing treatment refusal in patients lacking capacity. 30 Case reports of medical treatment-refusal have been described in the literature, highlighting issues which may arise including impaired decision-making capacity, stigma and competing ethical principles 9,23,[31][32][33][34][35][36][37] although older adults, particularly those with mental illness, are underrepresented. Similarly, none of the aforementioned studies consider the specific ethical and human rights challenges pertinent to older adults, nor do they consider the combined interplay of medical and mental illness, and practical issues facing clinicians in the setting of treatment-refusal.…”
Section: Introductionmentioning
confidence: 99%
“…As discussed in the literature review, patients have different reasons for refusing artificial platelets (Berend & Levi 2009, Bingham 2012, Rajtar 2013. When a patient refuses artificial blood platelets, the hospital will provide him or her with a suitable natural blood platelet type only if the patient brings donors on the same day to replace the given blood.…”
Section: Discussionmentioning
confidence: 99%
“…They suggest a working procedure to help those patients. Bingham (2012) explored the refusal of healthcare for legal and ethical reasons, done by patients who are adults. It was concluded that comprehension of these ethical and legal reasons is extremely important and will help nurses make decisions that protect the interests of vulnerable patients.…”
Section: Artificial Blood Plateletsmentioning
confidence: 99%
“…They embraced the legislation, using it as a tool to champion their patients' rights, promote their individual needs and strive to enhance quality of life whilst simultaneously safeguarding them against harm. This approach was closely aligned with the MCA principles of balancing rights and protection (Bingham, 2012) and is applicable to all patient/client groups. Practitioners using this approach valued working together to draw upon expertise and to involve others who knew the person well.…”
Section: Discussionmentioning
confidence: 99%