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The Ethics of Capacity and Competency: Going Against a Patient’s Decision

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Case
A homeless man entered the hospital with chronic gangrene, osteomyelitis, and diabetes. Doctors could tell that he had a psychiatric condition, but the patient refused to have interventions of any kind; he didn’t allow doctors to treat him with medication or submit to a psychiatric evaluation. He claimed to want simply to be fed, given his insulin, and given a bed. He was also difficult with the nurses, throwing urine at them and making them generally uncomfortable. Doctors tried to coax him into accepting intravenous antibiotics, but he refused. The choice: send him back to the street, a possible violation of the “First do no harm” oath, or seek a court order declaring the man incapable of making decisions for himself, essentially forcing him into the doctors’ care.

The Ethical Dilemma in the Case
The moral values at stake are the principles of autonomy as well as, the ethics of protecting the patient and doing no harm. The principle of autonomy stems from the ethics of respects for persons. Robert M. Veatch, the author of The Basics of Bioethics, explains that the ethics of respect for persons stresses that “humans deserve respect independent of the consequences of actions” (p 62). Treating individuals with autonomy, and protecting people with diminished autonomy are the two main principles that underlie the ethics of respect for persons (The Belmont Report, 1979). Autonomy is defined as “a psychological state of an individual who is capable of being self-determining or self-legislating” (Veatch, 2011, p 81). In this case the concept of autonomy relates to the patients capability of choosing to accept or deny any medical treatment. Why is autonomy at stake? The case presents the question on whether the doctors should respect the patient’s decision to refuse care, or force him into their care. By forcing him into their care, the principle of

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