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Refusing the Right to Refuse: Coerced Treatment of Mentally Disordered Persons by Grant H Morris (Paperback, 2006)

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Under the doctrine of informed consent, if a person is competent to understand the risks, benefits, and alternatives to proposed treatment, that person is allowed to decide whether to accept or reject the proposed treatment. Informed consent is t required if the person is incompetent or if an emergency arises that necessitates treatment to save the person's life. Nevertheless, various devices are used to deny mentally disordered persons their right to refuse treatment even when they are competent decision makers and even when emergency exists. For example, some courts substitute a "limited due process" model for a "full due process model," allowing doctors to decide whether the proposed treatment is appropriate, rather than requiring a court's determination of the patient's competence to withhold consent. Some states substitute the decision to involuntarily commit the patient, or a decision to appoint a guardian or conservator to assist the patient, for the requirement that the patient be incompetent to make treatment decisions.In some states, the limited emergency exception to the requirement of informed consent has been expanded to allow involuntary treatment of dangerous patients-without requiring that an emergency exists. In some states, the requirement of voluntary and informed consent has been replaced by uninformed or coerced assent. For example, if the patient does t object to the treatment, some courts have allowed doctors to medicate the patient-without informing the patient of the risks, benefits, and alternatives to that medication and obtaining the patient's informed consent to its administration. Outpatient commitment laws have been enacted-such as Kendra's Law in New York-through which courts order mentally disordered persons to accept medication, even though such persons are t subject to involuntary civil commitment. These various devices so erode the competent patient's right to automous medical decision making that the right of competent, though mentally disordered, persons to refuse treatment is, in reality, refused.

Product Identifiers

Publisher
Vandeplas Publishing
ISBN-10
1600420109
ISBN-13
9781600420108
eBay Product ID (ePID)
103442154

Product Key Features

Author
Grant H Morris
Format
Trade Paperback (US), Paperback
Language
English
Subject
Law for the Layman
Type
Textbook

Additional Product Features

Place of Publication
FL
Content Note
Black & White Illustrations
Date of Publication
01/06/2006
Country of Publication
United States

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Refusing the Right to Refuse: Coerced Treatment of Mentally Disordered Persons by Grant H Morris (Paperback, 2006)

About this product

Product Information

Product Identifiers

Product Key Features

Additional Product Features

Best Selling in Adult Learning & University

A guide to the Project Management Body of Knowledge (PMBOK guide) and the Standard for project management by Project Management Institute (Paperback, 2021)

The Weed Forager's Handbook: A Guide to Edible and Medicinal Weeds in Australia by Adam Grubb, Annie Raser-Rowland (2012, Paperback)

Polyvagal Exercises for Safety and Connection: 50 Client-Centered Practices by Deb Dana (Paperback, 2020)

Save on Adult Learning & University

Ford Falcon EF, EL/Fairlane NF, NL/LTD DF, DL 1994-1998 Haynes Workshop Manual

Netter Atlas of Human Anatomy: Classic Regional Approach

Michael Price Nick Vandome Windows 11 for Seniors in easy steps (Paperback)

Dr. Robert Melillo Disconnected Kids - Revised and Updated (Paperback)

The Demon-Haunted World: Science as a Candle in the Dark by Carl Sagan (English)

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