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Home » Forensic Psychiatry

Psychiatric Times.
CHALLENGING CASE 

An Elderly Woman Who Refuses Treatment

By Abigail Dahan, MD, and Spencer Eth, MD | February 23, 2012
Dr Dahan is a Clinical Instructor of Psychiatry at the New York University School of Medicine and works as an emergency department psychiatrist at Bellevue Hospital’s Comprehensive Psychiatric Emergency Program (CPEP) in New York. Dr Eth is Professor of Clinical Psychiatry, University of Miami Miller School of Medicine, and Acting Associate Chief of Staff for Mental Health, Miami VA Healthcare System.

In their article published in Psychiatric Times titled Medical Decision-Making Capacity of Patients With Dementia, Abigail Dahan, MD, and Spencer Eth, MD, describe an elderly woman with depression who refuses medication. Based on the 4 criteria for capacity competencies model, consider the patient's ability to consent to treatment. 

CASE VIGNETTE
Mrs E, who is 80 years old, lives in the community with the help of a 24-hour-a-day home health aide. She is forgetful and requires assistance with many activities of daily living.

Mrs E is brought in for evaluation because she has been crying more frequently. She remains in bed for most of the day, does not engage in activities she used to enjoy, and is sleeping and eating less than usual. The doctor recommends a trial of an antidepressant, which Mrs E refuses. She states, “I’m 80 years old and I’m not about to start taking medications now. That would kill me!”

How can Mrs E's doctor determine whether she has the capacity to refuse treatment for depression?

Weigh in with your comments below. Drs Dahan and Eth will review your responses and give their feedback in coming weeks.

 

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by Steven Weiss | February 25, 2012 11:23 AM EST

Is she able to make informed decisions about the risks and benefits of treatment choices for her depression including no treatment?

by Abigail Dahan | March 04, 2012 11:42 AM EST

That is the heart of the question! Does her expression of refusal of treatment represent a truly informed decision? She is clearly verbalizing a choice, however it's unclear whether she has all of the relevant information needed to make that decision and if she has the capacity to reason such a decision through. In the four competence model of capacity, a person is deemed to have capacity if she can: (1) communicate a clear choice without vacillating significantly, (2) demonstrate a factual understanding of the medical issues at hand, including the risks and benefits of the treatment and any reasonable alternatives, (3) comprehend the situation as it applies to her and the consequences of her decisions, demonstrating insight into her illness and need for treatment, and (4) display logical thought process in the course of coming to her decision.

by Jennifer Halper | March 09, 2012 8:54 PM EST

What if she wants to consent to treatment but lacks capacity? Would you not prescribe her an antidepressant?

by Abigail Dahan, MD | March 15, 2012 1:53 PM EDT

I would prescribe an antidepressant and use a flexible sliding scale approach to capacity assessment. Patients are generally allowed to consent to treatment as long they can communicate a choice. Capacity is typically only called into question when a patient refuses the proposed treatment. Patients opposing treatment are routinely held to higher standard of capacity as they run the risk of physical harm, going against the right to treatment, and the ethical principal of beneficence. Taking an antidepressant medication is a low-risk, high-benefit intervention, and so I would employ a relatively low standard for assessing her capacity, and would accept her consent. By requiring only such a minimal level of capacity, the patient's autonomy as well as her physical well-being, are protected.

by Seth Flesher | March 24, 2012 2:40 PM EDT

I'm not sure what you want to discuss, unless you begin to go through the four competence model and give possible answers everything is theoretical. It would be foolish to waste time guessing possibilities until you've learned more information. She might be a famous researcher in depression studies or she may think the hospital is trying to poison her.

Without more information this is just an exercise in how to determine capacity. What would be more interesting is if you gave us some possible scenarios. What are the tricky answers that patients give? How much decision making is guided by the "you'll thank me later" treatment philosophy in psychiatry. The idea that we know what is best and afterwards the patient will be grateful we did what we thought was right. I am not denigrating this philosophy, I've employed it at times, all psychiatrists have.

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