Spring 2002

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Mental Health

  1. Painful Treatment for a Severely Retarded Man

** Medical decision making in adults who have never had decisional capacity

** State interests in treatment decision-making

** Treatments with a limited chance of success: balancing benefits and burdens and establishing goals of care 

Bill is profoundly retarded man who has lived in a state hospital for many years. He as no contact with family members, and he has become a ward of the state. At the age of 58, Bill developed acute myelogenous leukemia (AML). Chemotherapy has been recommended, but its appropriateness was questioned on the basis that Bill would not understand the uncomfortable and prolonged treatment of a disease with such an uncertain prognosis. His physicians wonder if they should forgo attempts at treatment and instead adopt a palliative care plan. 

  1. Who may make treatment decisions for a patient who never possessed decisional capacity?
  2. What interests of the state might be invoked that could influence or restrict decisions to withdraw or withhold care?
  3. What is the significance of the limited probability of the proposed treatment’s success?

From: Ahronheim JC, Moreno JD, Zuckerman C. Ethics in Clinical Practice, 2nd Edition. Aspen Publication, Maryland, 2000.


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