Assessment of patient decision-making capacity in the context of voluntary euthanasia for psychic suffering caused by psychiatric disorders: a qualitative study of approaches among Belgian physicians

Author:

Schweitser FrankORCID,Stuy Johan,Distelmans Wim,Rigo Adelheid

Abstract

ObjectiveIn Belgium, people with an incurable psychiatric disorder can file a request for euthanasia claiming unbearable psychic suffering. For the request to be accepted, it has to meet stringent legal criteria. One of the requirements is that the patient possesses decision-making capacity. The patient’s decision-making capacity is assessed by physicians.The objective of our study is to provide insight in the assessment of decision-making capacity in the context of euthanasia for patients with psychic suffering caused by a psychiatric disorder.MethodTwenty-two semistructured interviews with psychiatrists and neurologists were analysed with NVivo, a qualitative analysis software to code and organise transcribed data.ResultsDifferent views and approaches regarding decision-making capacity in the context of euthanasia emerged from the data.Most of the physicians have some knowledge of the cognitive ability approach on decision-making capacity. According to this approach, four abilities constitute decision-making capacity: communication, understanding, appreciation and reasoning. We observed differences in the way these abilities are valued in relation to competence. Some physicians take additional elements into consideration when assessing decision-making capacity.Physicians acquired their knowledge on the subject in many different ways. Most of the physicians reported that decision-making capacity was not part of their training.ConclusionWe conclude that physicians assess decision-making capacity in different ways and that personal values and beliefs influence their approach. As such, a common approach in assessing the decision-making capacity of a patient among the interviewed physicians is lacking. Less arbitrariness could be obtained by consistently implementing the cognitive ability approach.

Publisher

BMJ

Subject

Health Policy,Arts and Humanities (miscellaneous),Issues, ethics and legal aspects,Health (social science)

Reference17 articles.

1. Ministry of Justice . Law on euthanasia of may 28, 2002 (in Dutch). Belgian Official Gazette, 2002.

2. Federal Control and Evaluation committee on Euthanasia . Eighth report to the Parliament (2016-2017) (in Dutch and in French) 2018.

3. Delbeke E . Legal Framework for medical decisions at the end of life. In: Palliative care and euthanasia in Belgium (in Dutch. Uitgeverij: ASP, 2011: 31–59.

4. Delbeke E . Assisted dying in psychiatric patients. In: Legal aspects of end-of-life care (in Dutch). Intersentia, 2012: 368–95.

5. Flemish Association for psychiatry. . How to deal with euthanasia requests from psychiatric patients within the legal framework?(in Dutch) 2017.

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