Mind the gap: The potentially incapable patient who objects to assessment.

Autor: Eagle, Kerri, Ryan, Christopher
Předmět:
Zdroj: Australian Law Journal; Oct2012, Vol. 86 Issue 10, p685-696, 12p
Abstrakt: The issues surrounding the patient who objects to necessary and possibly urgent treatment are contentious and often confusing for health care practitioners, particularly in the hospital setting. This article focuses on the situation in which a patient's circumstances would lead a reasonable person to conclude that he or she might lack capacity or be suffering from a mental illness and where treatment refusal would place the patient at risk of serious harm. We consider the current law and some of the underlying legal concepts impacting on the powers and duties of health care practitioners in the management of such objecting patients and conclude that in such circum-stances the common law may provide a limited justification to detain the person for further assessment. [ABSTRACT FROM AUTHOR]
Databáze: Supplemental Index