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Ethical approaches to researching the mentally incapable patient

Published online by Cambridge University Press:  02 January 2018

Steven Hirsch  and
Sean Spence
Steven Hirsch
Affiliation:
Academic Department of Psychiatry, Charing Cross Hospital, Fulham Palace Road, London W6 8RF
Sean Spence
Affiliation:
MRC Cyclotron Unit, Hammersmith Hospital, Du Cane Road, London W12 0HS
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Abstract

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Patients seen in psychiatric settings may, for a variety of reasons, be incapable of informed consent. The Mental Health Act allows for their treatment, but research into their pathologies is practically impaired (while their consent is a criterion for inclusion). Is it ethically unacceptable to perform research upon these patients? If so, then the prospects for therapeutic and conceptual advance seem remote. In this paper the competing ethical claims are examined. An approach is proposed which is humane yet permissive of research in this heterogeneous group of patients.

Information

Type
Original Papers
Information
Psychiatric Bulletin , Volume 19 , Issue 7 , July 1995 , pp. 414 - 416
Creative Commons
Creative Common License - CCCreative Common License - BY
This is an Open Access article, distributed under the terms of the Creative Commons Attribution (CC-BY) license (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
Copyright
Copyright © Royal College of Psychiatrists, 1995

References

Lord Donaldson, M. R. (1992) 3 W.L.R. 795–796 from the Law Commission's Report, page 26.Google Scholar
Harris, J. (1988) Professional responsibility and consent to treatment. Chapter 4 pp 37–47. In Consent and the Incompetent Patient ethics law and medicine (eds. Steven R. Hirsch and John Harris). London: Gaskell Royal College of Psychiatrists).Google Scholar
Law Commission (1993) Mentally Incapacitated Adults and Decision Making Medical Treatment and Research. Consultation Paper number 129. London: HMSO.Google Scholar
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