Health Sciences 2610F/G Lecture Notes - Lecture 3: Meta-Ethics, Critical Thinking, Emancipation Of Minors
Medical Decisions
Capacity vs Competence
Capacity: ability/capable to make a decision
Competence: responsibility; understand and appreciate what is being asked of us
dependant children do not have the right (legally) to self-determination\
are they saying no because they understand situation or are they saying it
because they want to
how mature do you have to be as a minor to make your say have any leverage
parental rights in this matter are not equal to adult rights
grey zone: adolescence above 16 year old
Informed Consent
The action of an autonomous, informed person agreeing to submit to medical
treatment or experimentation
you have a say yes or no
everything ties into informed consent
The nature of procedure
paint a picture about what is going to happen
the risks of procedure
what bad things will happen and probability that it may or may not
the alternatives to the proposed procedure, including the option of no treatment
the expected benefits of the proposed treatment
can’t promise anything but can have strong expectations
Condition of Informed Consent
1. The patient is competent to decide
2. She gets an adequate disclosure of information - must have it all
3. She understands the information - needs a little emotional intelligence (most people
don’t want to question authority); there’s always room for misinformation
4. She decides about the treatment voluntarily - is it forced upon: if not free to say yes/no
are you truly given consent
5. She consents to the treatment - must articulate yes or no
Sense 1: Autonomous authorization
understanding
lack of coercion
intention
authorization
Sense 2: Effective consent
once you are a parent you are considered an emancipated minor