Patient competence and professional incompetence: Disagreements in capacity assessments in one Australian jurisdiction, and educational implications

Parker, Malcolm H. (2008) Patient competence and professional incompetence: Disagreements in capacity assessments in one Australian jurisdiction, and educational implications. Journal of Law and Medicine, 16 1: 25-35.

Author Parker, Malcolm H.
Title Patient competence and professional incompetence: Disagreements in capacity assessments in one Australian jurisdiction, and educational implications
Journal name Journal of Law and Medicine   Check publisher's open access policy
ISSN 1320-159X
Publication date 2008-01-01
Year available 2008
Sub-type Article (original research)
Volume 16
Issue 1
Start page 25
End page 35
Total pages 11
Editor Freckelton, Ian
Place of publication Australia
Publisher Lawbook Co.
Language eng
Subject C1
130209 Medicine, Nursing and Health Curriculum and Pedagogy
930302 Syllabus and Curriculum Development
Abstract The determination of capacity to make medical, personal and financial decisions has significant individual and social implications. Medical and other health professionals are traditionally relied on by courts and tribunals to provide clinical and psychometric evidence of the presence or absence of capacity, or competence. Concern has long been expressed over the variability of these assessments. A survey of 285 decisions of the Queensland Guardianship and Assessment Tribunal (GAAT) between 2005 and 2008 was conducted to estimate the incidence of disagreement between health professionals in capacity assessments; to provide examples of conflicting assessments and models of assessment used; and to consider the educational implications of disagreements. While the final capacity determinations by the GAAT appear sound, this case series, and other studies in the capacity literature, strongly suggest the need to improve the education of health professionals, especially doctors, at undergraduate and postgraduate levels, in the practical assessment of capacity as a fundamental clinical skill.
Q-Index Code C1
Q-Index Status Confirmed Code

Document type: Journal Article
Sub-type: Article (original research)
Collections: 2009 Higher Education Research Data Collection
School of Medicine Publications
 
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Created: Wed, 25 Mar 2009, 01:30:49 EST by Helen Spindler on behalf of School of Medicine