We discuss capacity assessment, patient autonomy, safety, and documentation.
Hosts:
Anne Levine, MD
Brian Gilberti, MD
Show Notes
The Importance of Capacity Assessment
- Arises frequently in the ED, even when not formally recognized
- Carries both legal implications and ethical weight
- Failure to appropriately assess capacity can result in:
- Forced treatment without justification
- Missed opportunities to respect autonomy
- Increased risk of litigation and poor patient outcomes
Defining Capacity
- Capacity is:
- Decision-specific: varies based on the medical choice at hand
- Time-specific: can fluctuate due to medical conditions, intoxication, delirium
- Distinct from competency, which is a legal determination
- Relies on a patient’s ability to:
- Understand relevant information
- Appreciate the consequences
- Reason through options
- Communicate a clear choice
Real-World ED Examples
- Intoxicated patient with head trauma refusing CT
- Unreliable neuro exam
- Potentially time-sensitive intracranial injury
- Elderly patient with sepsis refusing admission due to caregiving responsibilities
- Balancing autonomy vs. beneficence
- Patient with gangrenous diabetic foot refusing surgery
- Demonstrates logic and consistency despite high-risk decision
The 4 Pillars of Capacity Assessment
- Understanding
- Can the patient explain:
- Their condition
- Recommended treatments
- Risks and benefits
- Alternatives and outcomes?
- Sample prompts: