Treatment Decision for This Patient
Treatment is not necessary for this patient if they are competent and refuse medical intervention after proper informed consent discussion, regardless of the clinical indication. Patient autonomy and the right to refuse treatment supersede clinical recommendations when decision-making capacity is intact 1, 2.
Assessment of Decision-Making Capacity
Before accepting a treatment refusal, you must systematically evaluate the patient's capacity:
- Verify the patient can understand their medical condition as you have explained it, including the diagnosis, prognosis, and natural history without intervention 3
- Confirm the patient can appreciate how this information applies specifically to their own situation 3
- Assess whether the patient can describe your recommended treatment and articulate the risks, benefits, and alternatives 3
- Evaluate if the patient can express a choice that is consistent and stable over time 1
Important caveat: Patients may possess "burdens-based" or "goals-based" decision-making capacity for refusal even without meeting full comparative evaluation criteria—meaning they can validly refuse if they have an overriding objection to treatment burdens or an overriding goal inconsistent with treatment 4.
When the Patient Has Capacity
If capacity assessment confirms competence:
- Document the informed refusal discussion thoroughly in the medical record, including what information was provided, the patient's understanding, and their stated reasons for refusal 5
- Obtain written documentation of the refusal with the patient's signature when possible 5
- Respect the patient's confidentiality—there is no requirement to inform relatives unless the patient requests or agrees 5
- Provide information about alternative care plans and ensure the patient knows how to access care if they change their mind 1
When the Patient Lacks Capacity
If the patient is deemed incapacitated (unable to participate meaningfully in medical decisions):
- Turn to family members or legal surrogates to make decisions whenever possible 3
- Consider whether an advance directive exists that addresses the current situation—if well-established and made when competent, it should be honored 5
- Proceed with treatment in the patient's best interest if no surrogate is available and treatment is emergently needed 3
Special Consideration: Patient Refuses to Explain Reasons
When a patient refuses treatment but also refuses to explain their reasoning:
- This creates genuine uncertainty about capacity but does not automatically indicate incompetence 2
- You have obligations before treating such patients as incompetent: ensure adequate time for discussion, address potential barriers (language, health literacy, emotional distress), and involve ethics consultation if available 2
- If the patient persistently refuses to engage after these efforts, there are grounds to treat them as if they lack capacity, particularly for beneficial treatment 2
Documentation Requirements
Record the following elements in all cases:
- The specific information provided about diagnosis, prognosis, treatment options, and risks/benefits 5
- The patient's demonstrated understanding (or lack thereof) 5
- The capacity assessment findings 1
- The patient's stated reasons for refusal if provided 1
- Names of clinicians involved in the discussion 5
Common Pitfalls to Avoid
- Do not assume refusal equals incapacity—competent patients have the right to make decisions others consider unwise 1, 4
- Do not proceed with treatment over a capacitated refusal even if you believe it is medically indicated—this violates patient autonomy 1
- Do not fail to reassess capacity if clinical circumstances change or if the patient's condition affects cognition 3
- Female patients and certain demographics may have different informational needs—ensure your explanation addresses the specific concerns this patient expresses 6