Competence to ConsentGeorgetown University Press, 16.09.1994 г. - 224 страници Free and informed consent is one of the most widespread and morally important practices of modern health care; competence to consent is its cornerstone. In this book, Becky Cox White provides a concise introduction to the key practical, philosophical, and moral issues involved in competence to consent. The goals of informed consent, respect for patient autonomy and provision of beneficent care, cannot be met without a competent patient. Thus determining a patient's competence is the critical first step to informed consent. Determining competence depends on defining it, yet surprisingly, no widely accepted definition of competence exists. White identifies nine capacities that patients must exhibit to be competent. She approaches the problem from the task-oriented nature of decision making and focuses on the problems of defining competence within clinical practice. Her proposed definition is based on understanding competence as occurring in a special rather than a general context; as occurring in degrees rather than at a precise threshold; as independent of consequential appeals; and as incorporating affective as well as cognitive capacities. Combining both an ethical overview and practical guidelines, this book will be of value to health care professionals, bioethicists, and lawyers. |
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... PROFESSIONAL EXPERTISE 3 WHEN COMPETENCE IS IN QUESTION WHY THE LAW IS NO HELP 10 SUMMARY 12 NOTES 12 7 2 Ethical Foundations of Competence to Consent COMPETENCE AND THE PRINCIPLE OF RESPECT FOR AUTONOMY COMPETENCE AND THE PRINCIPLE OF ...
... professionals , the intended audience for this work , may take the issue to have been settled long ago , especially ... professional intuitions , and reveals why the law is unable to resolve cases of contested competence . Theoretically ...
... professionals and bioethicists to the key practi- cal , philosophical , and moral issues involved in assessing compe- tence . The concepts developed here are unlikely to be the last word on competence . To make such a claim would be ...
... professionals ( HCPs ) face the question of competence every time they solicit a patient's consent . In most cases the issue is not problematic because there is no reason to question the patient's compe- tence . Just as the law assumes ...
... PROFESSIONAL EXPERTISE Doctors X and Z are not certain their patients are competent to con- sent . Their uncertainty stems from the fact that competence is an extraordinarily complex concept that has not been well defined . The ...
Съдържание
GENERAL VS SPECIFIC COMPETENCE | 83 |
THRESHOLD VS DECREE COMPETENCE | 95 |
CONSEQUENCEDEPENDENT VS CONSEQUENCEINDEPENDENT COMPETENCE | 106 |
COGNITIVE VS COGNITIVEAFFECTIVE COMPETENCE | 117 |
SUMMARY | 144 |
NOTES | 146 |
The Capacities that Define Competence to Consent | 154 |
INFORMABILITY AND DECISION MAKING | 157 |
24 | |
27 | |
MORAL IMPLICATIONS OF INFORMED CONSENT | 35 |
NOTES | 37 |
Current Confusion Surrounding the Concept of Competence | 44 |
CURRENT PROBLEMS WITH THE CONCEPT OF COMPETENCE | 53 |
SUMMARY | 74 |
NOTES | 75 |
Defining the Structure of Competence to Consent | 82 |
COGNITIVE AND AFFECTIVE CAPABILITY | 167 |
RESOLUTION AND RESIGNATION IN DECISION MAKING Resolution | 177 |
RECOUNTING ONES DECISIONMAKING PROCESS | 180 |
CONCLUSIONS | 183 |
Implications and Anticipated Criticisms | 185 |
ANTICIPATING THE CRITIC | 187 |
Bibliography | 193 |
Index | 203 |