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Legal Issues in Medicine
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Volume 350:2297-2301 May 27, 2004 Number 22
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Forcible Medication for Courtroom Competence — The Case of Charles Sell
George J. Annas, J.D., M.P.H.

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The right to refuse treatment is firmly recognized in U.S. law.1 Competent persons have the legal right to refuse treatment, even life-sustaining treatment, and incompetent patients can also refuse treatment through an advance directive, by naming a health care agent to make decisions for them or by having a person who knows their wishes express them.2

Competence is a legal construct, not a medical or psychiatric one, and it is task-specific. People can be competent to do one thing (such as refuse medical treatment) but not another (such as stand trial and participate in their own defense). Grisso and Appelbaum . . . [Full Text of this Article]

The Case against Charles Sell

Sell's Mental Condition

Precedents

The Guidelines for Forced Medication

The Decision

The Conflicting Interests

The Role of Physicians


Source Information

From the Department of Health Law, Bioethics, and Human Rights, Boston University School of Public Health, Boston.


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