Traumatic Brain Injury with Personality Change: a Challenge to Mental Capacity Law in England and Wales
| Autor: | Demian Whiting |
|---|---|
| Rok vydání: | 2019 |
| Předmět: |
Traumatic brain injury
05 social sciences medicine.disease 050105 experimental psychology language.human_language Legal psychology 03 medical and health sciences Psychiatry and Mental health Personality changes Welsh 0302 clinical medicine Harm Law Mental capacity medicine language Trait 0501 psychology and cognitive sciences Psychology 030217 neurology & neurosurgery Personality change |
| Zdroj: | Psychological Injury and Law. 13:11-18 |
| ISSN: | 1938-9728 1938-971X |
| DOI: | 10.1007/s12207-019-09366-6 |
| Popis: | It is well documented that people with moderate-to-severe traumatic brain injury (TBI) can undergo personality changes, including becoming more impulsive in terms of how they behave. Legal guidance and academic commentary support the view that impulsiveness can render someone decisionally incompetent as defined by English and Welsh law. However, impulsiveness is a trait found within the healthy population. Arguably, impulsiveness is also a trait that gives rise to behaviours that should normally be tolerated even when they cause harm to the person enacting the behaviours. The purpose of this paper is to show why both of these considerations present as significant challenges to the law in England and Wales. |
| Databáze: | OpenAIRE |
| Externí odkaz: |
|
Full text from SpringerLink