Caring for a woman with intellectual disabilities who refuses clinical diagnostic investigations
BMJ 2014; 348 doi: https://doi.org/10.1136/bmj.f7645 (Published 03 January 2014) Cite this as: BMJ 2014;348:f7645- Pauline Heslop, senior research fellow1,
- Anna Marriott, research fellow1,
- Matthew Hoghton, general practitioner12,
- Marcus Jepson, research fellow1,
- Antonia Noble, barrister3
- 1Norah Fry Research Centre, School for Policy Studies, University of Bristol, Bristol BS8 1TZ, UK
- 2Clevedon Riverside Group, Clevedon, UK
- 33 Lower Hampen Cottages, Cheltenham, UK
- Correspondence to: P Heslop Pauline.Heslop{at}bristol.ac.uk
A 56 year old woman with moderate intellectual disabilities who lived in a residential care home presented to her general practitioner with iron deficiency anaemia, weight loss, and dyspepsia. She had severe osteoarthritis of one hip as a consequence of untreated Perthes’ disease, which necessitated her using a wheelchair. Her vision was severely impaired and her speech was unclear. She was able to make day to day decisions about her choice of food and clothing but required a full assessment of her capacity to make more complex decisions. Her behaviour was described as “difficult” at times, and she had severe anxiety about medical consultations and interventions.
A “fast track” referral was made for an endoscopy, but she refused to attend. Two months later her haemoglobin had dropped to 68 g/L and faecal occult blood testing at that time was positive. She was referred for an ultrasound scan of her abdomen but again refused to attend.
Questions
1 The Mental Capacity Act states a presumption of capacity unless proved otherwise. When people refuse examination or clinical diagnostic investigations, how should a doctor question the assumption of capacity?
2 Everything that is done for (or on behalf of) a person who lacks capacity must be in that person’s best interests. What should a doctor consider when deciding what would be in this woman’s best interests?
3 If a patient resists examination and treatment that has been agreed to be in his or her best interests, what should a doctor do, and what safeguards are available for the person?
4 What two additional provisions were introduced by the Mental Capacity Act to protect vulnerable people and what are the implications for doctors?
Answers
1 The Mental Capacity Act states a presumption of capacity unless proved otherwise. When people refuse examination or clinical diagnostic investigations, how should a doctor question the assumption of capacity?
Short answer
The Mental Capacity Act 2005 requires the doctor to conduct a two stage functional assessment of capacity regarding consent to the examination …
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