scholarly journals Consent to medical treatment and people with learning disability

1994 ◽  
Vol 18 (11) ◽  
pp. 691-693 ◽  
Author(s):  
Jenny Curran ◽  
Sheila Hollins

For those people who have the cognitive and social impairments described as a learning disability, personal choice is more often than not a limited experience, (Mencap, 1989). Simple choices may be usurped by the preferences of carers, and more serious decisions may be correctly or incorrectly deemed beyond their capacity. We will address two questions which repeatedly face clinicians working with adults with learning disabilities. First, how do we ascertain a person's level of competence to give consent in relation to medical treatment? Second, in the case where a person with learning disability is considered unable to give informed consent to treatment, how do we proceed to make a decision regarding treatment?

1992 ◽  
Vol 15 (4) ◽  
pp. 274-285 ◽  
Author(s):  
Alice E. Jacobs ◽  
Deborah J. Hendricks

The job accommodation needs of adults with a specific learning disability (SLD) are examined through an analysis of cases handled by the consultants at the Job Accommodation Network, an international accommodation information service of the President's Committee on Employment of People with Disabilities. Case examples are included, which provide practical solutions to common situations involving adults with a SLD in the employment environment. The final section lists useful resources available to those involved in making accommodations for people with a SLD.


2005 ◽  
Vol 50 (9) ◽  
pp. 534-540 ◽  
Author(s):  
Debbie Schachter ◽  
Irwin Kleinman ◽  
William Harvey

Objective: To explore the doctrine of informed consent and the development of capacity in adolescents with psychiatric problems to help clinicians better reflect on the relevant ethical issues. Method: We discuss the relevant literature and explore the role of psychiatric impairment in adolescents' ability to consent. Results: In common law, there is no minimum age at which individuals are able to consent to medical treatment and no age below which they are unable to consent. Adolescents' right to self-determination is based on their ability to understand and appreciate the information relevant to the medical decision and on their ability to consent voluntarily and freely. There is a consensus in the literature that, around age 14 years, adolescents have the cognitive ability to understand information necessary for consent. However, there are limited empirical data regarding adolescents' ability to appreciate the information and to make a voluntary decision. Conclusion: Clinicians need to involve adolescents in the consent process to the extent possible and assess the elements of capacity to consent to treatment on an individual case basis, recognizing that capacity may evolve as adolescents' cognitive capacities and values mature.


2015 ◽  
Vol 20 (1) ◽  
pp. 15-23
Author(s):  
Claire Stuart ◽  
Andrew McKeown ◽  
Angela Henderson ◽  
Chloe Trew

Purpose – Learning Disability Statistics Scotland collects information on adults with learning disabilities who are known to local authorities in Scotland and the services they use. The data collection supports national and local government policy making and is focused on monitoring the implementation of learning disability policy. The paper aims to discuss these issues. Design/methodology/approach – Individual level data are requested from all 32 local authorities on adults aged 16-17 who are not in full-time education and those aged 18 and over. Annual data guidance is developed in conjunction with local authorities prior to the collection and is issued to standardise the process and manage avoidable error. The collated data are extracted from local authority administrative data and records are provided on each adult regardless of whether they are currently receiving a service. Anonymisation takes place prior to upload and strict guidelines are followed to ensure it is not possible to identify individuals. Findings – The paper provides insights to the project's processes, uses, challenges and future plans. It details the position of the data outputs within a policy context and the role these might play within a broader research agenda. Research limitations/implications – This data includes only adults known to local authority services. Originality/value – The value of the project lies in its strength as a national social care data set comprised of individual level data. This methodology increases the analytical potential of the data set. This paper will be of interest to those interested in data on learning disability and those with an interest in the analytical potential of an individual level national data set.


Medical Law ◽  
2019 ◽  
pp. 195-236
Author(s):  
Emily Jackson

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines the issue of ‘informed consent’, i.e. how much information must be provided to patients before they consent to medical treatment. It first considers the ethical justifications for informing patients about their medical treatment and then examines the legal framework that protects patients’ interests in information disclosure, with particular emphasis upon the implications of the recent landmark Supreme Court case of Montgomery v Lanarkshire. The chapter also explores some alternatives to the law of tort, and the importance of the guidance produced by the medical profession.


Author(s):  
Mark P. Mostert ◽  
Lucinda S. Spaulding

Similar to school-aged children with a learning disability (LD), adults with LD experience unique challenges as they transition from high school and enter postsecondary institutions and the workplace. This chapter discusses the characteristics of adults with LD and their learning challenges as they adapt to increasing demands in higher education and the workforce. Laws related to accommodating adults with LD in postsecondary institutions and work settings are addressed, and the skills and strategies necessary for adults with LD to successfully transition from dependence to independence are also detailed.


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