Decision-making capacity in clinical and research settings

Clinical Center

Investigators

Linked publications, trials & patents

Abstract

1. We are continuing to analyze interviews with judges, lawyers, and psychiatrists regarding their views of the practice of capacity assessments under the MCA in England/Wales, especially regarding what each discipline considers "difficult cases." We completed our first analysis, focusing on the challenging cases as described by experienced consultation psychiatrists. 2. One of the most persistent debates in bioethics and law regarding decision-making capacity is whether the threshold for having capacity should be sensitive to risk. Many see this as intuitive and obvious. Others see it as dangerously paternalistic. We conducted a systematic literature review of this debate over risk sensitive DMC. Using the review, we completed and published comprehensive defense of RS DMC, addressing all of the key objections against it.