Dernbach Matthew Robert, Ash Peter, Oyerinde Esther, Oldham Mark A
Dr. Dernbach is a Medical Toxicology Fellow, Department of Emergency Medicine; Dr. Ash is a Professor and Director, Psychiatry and Law Service, Department of Psychiatry and Behavioral Sciences; and Ms. Oyerinde is a Medical Student, Emory University, Atlanta, GA. Dr. Oldham is an Associate Professor of Psychiatry, Department of Psychiatry, University of Rochester Medical Center, Rochester, NY.
J Am Acad Psychiatry Law. 2024 Dec 12;52(4):414-424. doi: 10.29158/JAAPL.240070-24.
The four-skills model of decisional capacity for providing informed consent for medical treatment developed by Appelbaum and Grisso is codified into most state statutes in articulating the legal criteria for establishing capacity. Decisional capacity is traditionally determined at a point in time based on a narrow clinical question; however, there are clinical scenarios in which patients may currently have decisional capacity but their recurrent nonadherence to care places them at foreseeable risk of being acutely incapacitated, both decisionally and functionally, in the near future. There is a gap in terms of how these four skills ought to be adapted when applied to a patient with recurrent altered mental status, especially delirium, because of nonadherence. To describe this clinical situation, we introduce a new risk factor, "foreseeable risk of losing decisional and functional capacity," and discuss the clinical evaluation of a patient who currently has capacity but for whom this risk factor applies. We consider the implications of being at foreseeable risk of losing capacity and how foreseeable risk can be translated into a capacity determination in the present. We also describe interventions that can serve to protect the patient's rights and safety.
阿佩尔鲍姆和格里索提出的用于为医疗治疗提供知情同意的决策能力四技能模型,已被编入大多数州的法规,用于阐明确定能力的法律标准。传统上,决策能力是在某个时间点根据一个狭义的临床问题来确定的;然而,在某些临床场景中,患者目前可能具有决策能力,但他们反复不遵守治疗方案,这使他们在可预见的未来有在决策和功能上急性丧失能力的风险。当将这四项技能应用于因不遵守治疗方案而反复出现精神状态改变(尤其是谵妄)的患者时,在如何调整这些技能方面存在差距。为了描述这种临床情况,我们引入了一个新的风险因素,即“可预见的丧失决策和功能能力的风险”,并讨论对目前具有能力但适用该风险因素的患者的临床评估。我们考虑处于可预见的丧失能力风险中的影响,以及可预见的风险如何转化为当前的能力判定。我们还描述了有助于保护患者权利和安全的干预措施。