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Becky White - Competence to consent

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Free and informed consent is one of the most widespread and morally important practices of modern health care; competence to consent is its cornerstone. In this book, Becky Cox White provides a concise introduction to the key practical, philosophical, and moral issues involved in competence to consent. The goals of informed consent, respect for patient autonomy and provision of beneficent care, cannot be met without a competent patient. Thus determining a patients competence is the critical first step to informed consent. Determining competence depends on defining it, yet surprisingly, no widely accepted definition of competence exists. White identifies nine capacities that patients must exhibit to be competent. She approaches the problem from the task-oriented nature of decision making and focuses on the problems of defining competence within clinical practice. Her proposed definition is based on understanding competence as occurring in a special rather than a general context; as occurring in degrees rather than at a precise threshold; as independent of consequential appeals; and, as incorporating affective as well as cognitive capacities. Combining both an ethical overview and practical guidelines, this book will be of value to health care professionals, bioethicists, and lawyers.

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title Competence to Consent Clinical Medical Ethics Washington DC - photo 1

title:Competence to Consent Clinical Medical Ethics (Washington, D.C.)
author:White, Becky.
publisher:Georgetown University Press
isbn10 | asin:0878405593
print isbn13:9780878405596
ebook isbn13:9780585220680
language:English
subjectMedical ethics, Capacity and disability, Informed consent (Medical law) , Mental Competency, Patient Acceptance of Health Care, Informed Consent.
publication date:1994
lcc:R724.W47 1994eb
ddc:174/.2
subject:Medical ethics, Capacity and disability, Informed consent (Medical law) , Mental Competency, Patient Acceptance of Health Care, Informed Consent.
Page iii
Competence to Consent
Becky Cox White
Page iv Georgetown University Press Washington DC 20007 1994 by - photo 2
Page iv
Georgetown University Press, Washington, D.C. 20007
1994 by Georgetown University Press. All rights reserved.
Printed in the United States of America.
10 9 8 7 6 5 4 3 2 1 1994
THIS VOLUME IS PRINTED ON ACID-FREE OFFSET BOOKPAPER.
Library of Congress Cataloging-in-Publication Data
White, Becky.
Competence to consent / Becky Cox White.
p. c.m. (Clinical medical ethics)
Includes bibliographical references and index.
1. Medical ethics. 2. Capacity and disability. 3. Informed
consent (Medical law) I. Title. II. Series: Clinical medical
ethics (Washington, D.C.)
[DNLM: 1. Mental Competency. 2. Patient Acceptance of Health
care. 3. Informed Consent. W 85 1994]
R724.W47 1994
174.2--dc20
ISBN 0-87840-559-3 (cloth). -- ISBN 0-87840-560-7 (paper) 94-9917
Page v
To Viola L. Cox
my mother
without whom nothing would have been possible.
Page vii
Contents
Acknowledgments
ix
Introduction
xi
1
Competence in the Health Care Setting
1
Picture 3
When Competence Is an Issue
1
Picture 4
Why Competence Is an Issue
3
Picture 5
The Presumption of Competence and Professional Expertise
3
Picture 6
When Competence is in Question
7
Picture 7
Why the Law is No Help
10
Picture 8
Summary
12
Picture 9
Notes
12
2
Ethical Foundations of Competence to Consent
13
Picture 10
Competence and the Principle of Respect for Autonomy
13
Picture 11
Competence and the Principle of Beneficence
18
Picture 12
Beneficence through Autonomy
24
Picture 13
Competence and the Practice of Informed Consent
27
Picture 14
Moral Implications of Informed Consent
35
Picture 15
Notes
37
3
Current Confusion Surrounding the Concept of Competence
44
Picture 16
Definitions of Competence
44
Picture 17
Current Problems with the Concept of Competence
53
Picture 18
Summary
74
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