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When a physician doubts a patient’s capacity to consent, __________.a. It may be the duty of the court to assume responsibility of guardianship for a patient who is non compos mentisb. Understand the risks, benefits, and alternatives of a proposed procedure, as well as, express his or her treatment preferencesc. A note should be placed in the patients medical record indicating the patient's reason for refusal and a release form should be executed, signed dated and witnessedd. When an emergency situation does arise, there may be little opportunity to contact the attending physician, much less a consultant, thus consent is implied

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When a physician doubts a patient's capacity to consent, they should understand the risks, benefits, and alternatives of a proposed procedure, as well as, express his or her treatment preferences. In this situation, the physician should not proceed with the procedure until they are confident that the patient has the capacity to consent. If the physician believes that the patient is not able to make their own medical decisions, they may consider involving an ethics committee or seeking legal guardianship for the patient. Placing a note in the patient's medical record indicating the patient's reason for refusal and executing a release form may be appropriate if the patient has the capacity to refuse treatment. In emergency situations where consent cannot be obtained, physicians may provide necessary treatment under the principle of implied consent.

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