3
Jack’s
examination

Jack’s examination

View more of Jack’s story below to see how his examination went.

During the examination Jack appears distressed when seeing the needle for the blood test, subsequently becoming uncooperative and refusing to provide his arm. Coral says it is the dehydration which is making him non-compliant and she will consent to the blood test on his behalf. When informed that a discussion with the staff specialist about what to do next is required, Coral states “I know what he needs! My cousin is a lawyer, and if any harm comes to my father from delays in treatment, we’ll sue the hospital”.

What do you do next?

Refer to medico-legal

Take the blood samples

Speak to Jack about his wishes and assess his decision-making capacity

Don’t take the blood samples until Jack consents

Refer Jack to psychiatrist or geriatrician to assess his decision-making capacity

In the following video Professor Cameron Stewart of the Sydney Law School briefly discusses overriding patient refusal of medical treatment.

Prof Cameron Stewart

“What ethical considerations must be considered when overriding patient refusal of treatment?”

You’ve determined that an assessment of Jack’s decision-making capacity is required before proceeding with any intervention.

Jack presents to ED
Assessing Jack's Capacity