Consent and capacity to treatment in medical law of an adult - Essay Example

41, 2008). When the law talks about the capacity, it involves the maturity level and understanding and despite that a patient cannot be considered as having lack of capacity only because he made an unwise decision which does not fulfill his own best interests. According to the law, capacity cannot be the regarded as the decision which is reasonable and sensible to another person, perceptions may vary (Coyne, p. 64, 2005). People who have capacity can make their own decisions unless it is proven that they lack capacity.

Disability is not a factor which indicates the lack of capacity; in fact a disable person can well take his own decisions without the assistance of anyone else. But in some cases, a person with a disability may require assistance to clarify the issues and understand the choices to ensure and enable autonomous decision making, but the other people may not always find other people’s decisions rights (Jackson, p. 601, 2002). For this, the law says that it cannot be assessed that the person is making a right decision or not, but what should be determined is that the decision is not ‘bad’ and whether it shows the lack of capacity in the person to make decisions or not. . 171, 2004).

Clinical incapacity is not permanent. The people who are severely depressed, intoxicated, comatose, agitated or impaired otherwise lack the capacity to make their medical decisions but for the time being. Later, they may retrieve their capacity. Where a patient has the ability to make a decision, the doctors should assess it (Herring, p. 202, 2012). People with dementia require the evaluation of the person’s level of judgment and memory before proceeding with the medical care. The law says that if the doctors find the person lacking capacity, they may turn to a close relative or friend or anyone appointed by the person to make decisions on his behalf (Wong, p.

445, 1999). However, these kinds of cases where the decisions are made by substitutes for the people who cannot make decisions for themselves are rarely brought into the court. But, if the patient himself objects to the medical decision taken or to the determination of him clinically lacking capacity, it can be brought to the court. The doctors are ordered not to go against the person’s will unless it is declared that he is legally incapacitated (Sturman, p. 963, 2005). Once the capacity is determined, the patient’s consent is equally important.

Adults are more commonly categorized in this group and they make their own health decisions. Every adult has the right to accept or refuse medical treatment (Pozgar, p. 320, 2011). In general situations, a doctor asks for the consent of the patient before treating them. This suggests that the patient should be legally able to give his consent. If the patient is under guardianship, his decision will not be made by himself (Appelbaum, p. 1838, 2007). The patient must be mentally able to permit the medical