Operational conditions: legal capacity of a patient soldier refusing medical treatment

Nurs Ethics. 2011 Nov;18(6):825-34. doi: 10.1177/0969733011408044. Epub 2011 Oct 5.

Abstract

Using a three-dimensional ethical role-specific model, this article considers the dual loyalty conflict between following military orders and professional codes of practice in an operational military environment when a patient soldier refuses life-saving medical treatment and where their legal capacity is questionable. The article suggests that although every competent patient has the right to refuse medical treatment even though they may die as a consequence. Ordinarily, it is unethical to exert any undue influence on a patient to accept medical treatment, in a military operational environment where attack from the enemy is likely, it may be reasonable and understandable to exert undue influence over a patient when they lack legal capacity.

MeSH terms

  • Codes of Ethics
  • Conflict, Psychological*
  • Decision Making
  • Hierarchy, Social
  • Humans
  • Mental Competency / legislation & jurisprudence*
  • Military Medicine / ethics*
  • Military Personnel / psychology*
  • Models, Psychological
  • Treatment Refusal / psychology*