Forensic psychiatry & mental health law

Psychiatry & Law Radar

Tue 8 SepPAPER

Headlines are the editor's. Summaries are machine-written and staff reviewed. Nothing here is legal or clinical advice.

Staff reviewed

WHAT TO DO WHEN INCAPACITATED PATIENTS RESIST TREATMENT: ETHICAL CONSIDERATIONS IN WEIGHING BENEFICENCE VERSUS PATIENT AUTONOMY.

— STAFF

The proposition that a capacity assessment is time-bound and should be repeated as the risk-benefit balance shifts, and that the burdens of restraint or sedation used to deliver treatment belong in the consent discussion with the surrogate, is a defensible framing a consultant could adopt — but it is offered as reasoned opinion from three cases, not as a standard, a rule, or evidence. It does not alter what a clinician must do or what an evaluator can assert; a practitioner who never reads it is not exposed.

J Clin Ethics. 2026;37(3):249-256.