Capacity to consent

The physician is obliged to take every part of the patient’s everyday circumstances under consideration in order to determine whether or not a patient is able to give his or her consent. Among these circumstances are the patient’s age, physical and mental state as well as socio- biographical influences. The decision making process based on yes/no statements proves to be difficult in practice since there are various degrees of capacity to consent. It is possible for instance that a patient understands simple medical treatments, but fails to grasp more complex ones. As a result of that the capacity to consent should be analyzed in the light of a specific measure at all times. American psychiatrists have developed the McArthur Treatment Competence Test (MACT) which serves as an aid in making a decision. This test examines the capacity to consent through consideration of specific criteria such as comprehension of information, deductive reasoning, capability of making and phrasing decisions as well as understanding of the disease. The usage of standardized methods is rated critically however since according to majority opinion, they do not replace a personal medical examination. 

Duttge, G. (2013): Patientenautonomie und Einwilligungsfähigkeit. In: Wiesemann, C. / Simon, A. (eds.): Patientenautonomie. Theoretische Grundlagen, praktische Anwendungen. Münster: mentis, 77–90. (German)

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