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Best interests of patients with a lacking of mental capacity - Essay Example

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Medical Law Best interests of patients with a lacking of mental capacity [Name] [University] Abstract The paper discusses the problem of best interests of patients with inability to make their decisions because of their lacking of mental capacity. It is claimed that ethical concerns, as well as legal aspects of this issue are of the high importance for modern medical personnel…
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Best interests of patients with a lacking of mental capacity
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Download file to see previous pages In accordance with the Mental Capacity Act (the Act) 2005 “any act done or decision made on behalf of an adult lacking capacity must be in their best interests”1. Such life aspects as financial, health and social care issues can be resolved from the perspective of the best interests of people with mental disabilities. Mental Capacity Act (1983) is another legal authority, which should be followed in the process of dealing with a lack of consent or mental capacity of the patients. It should be noted that consent occurs if the patient is properly informed about the potential medical treatment and is able to agree voluntarily without fraud upon it. In terms of mental capacity, a patient should be well-informed about different processes and results of medical treatment, but it should be noted that a patient may be capable in one sphere and lacking of mental capacity in making critical decisions. In accordance with Section 4 of this Act, there is a need to assess mental abilities or disabilities of a patient within 72 hours. The closest relatives or AMHP with one doctor’s support is essential to make some conclusions. Another doctor’s confirm should be received within 72 hours. ...
iew of the case on mental capacity 2 tells us as follows: H’s was incapable in different ways and there was a need to solve his future destiny and take care of her. There was a need to improve her consent with regards to sexual relations and there was a need to prevent restrictions imposed on her liberty. Test determining mental capacity of a patient, enabling him to make relevant decisions is based on the following basic principles: first of all, it is necessary to determine whether a current turbulent state of a patient is an impairment or disturbance. Moreover, whether brain functions of a patient is damaged or not or whether a patient is able or unable to make some decisions by him or not. Therefore, it is relevant to weigh decisions and possible ways of communicating potential decisions. There are many different cases, when patients are lacking of mental capacity. Very often patients are in comma or they may suffer from “locked-in syndrome”. In case a patient is unable to communicate his decision, such sings as blinking or squeezing a hand may be positive signs. Therefore, the specialists of verbal and non-verbal communication are relevant in the field of such kind of patients. There is a need to take into account personal concerns and interests of a patient in order not to violate them in the process of decision making. It should be noted that medical personnel of the hospitals is always focused on life benefits of potential medical treatment of a patient or a potential possibility to save his life. Of course, it is necessary for the doctors to assess the capacity of the patients. First of all, it is necessary to assess the written records about a patient’s health conditions; to involve independent decision makers, take care of hospital complaints ...Download file to see next pagesRead More
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