Accounting for Intuition in Decision-Making Capacity: Rethinking the Reasoning Standard?

Philosophy, Psychiatry, and Psychology 24 (4):313-324 (2017)
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Abstract

A patient’s decision-making capacity or competence is among the prerequisites for valid consent to medical treatment, and is regarded as the gatekeeping element in ensuring respect for patients’ self-determination. The issue is especially relevant in the case of vulnerable persons, such as patients who are cognitively or mentally impaired, and where medical decisions carry far-reaching consequences. As a grounding principle, DMC is a priori assumed, and challenged only when substantial doubts arise owing to observed or assumed deficiencies of the capacities commonly considered relevant for competent decision making ; in this sense, the onus is on...

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Helena Hermann
University of Zürich

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