Do You Know the Difference Between Competence and Capacity?

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Rob Orman, MD, Rob Orman, and MD에서 제공하는 콘텐츠입니다. 에피소드, 그래픽, 팟캐스트 설명을 포함한 모든 팟캐스트 콘텐츠는 Rob Orman, MD, Rob Orman, and MD 또는 해당 팟캐스트 플랫폼 파트너가 직접 업로드하고 제공합니다. 누군가가 귀하의 허락 없이 귀하의 저작물을 사용하고 있다고 생각되는 경우 여기에 설명된 절차를 따르실 수 있습니다 https://ko.player.fm/legal.

19d ago 32:43

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How can a person who’s clearly lucid still be deemed incapable of making their own medical decisions? The answer lies in the misunderstood yet critical distinction between competence and decision-making capacity. While these terms are often used interchangeably in clinical settings, they carry vastly different meanings in law and medicine—differences that can determine whether a patient is treated, restrained, or left alone. In this episode, we explore how doctors can (and should) assess capacity, the legal boundaries of competence, and how not to get destroyed on the witness stand. Finally, we unpack a story involving a dog, a scrotum, and a tour of Colorado’s emergency departments.

Guest Bio: Rich Orman began his legal career as a public defender before moving into private practice. He soon joined the district attorney’s office, where he spent most of his career and ultimately rose to the position of deputy district attorney. Over three decades in the courtroom, he tried some of the most complex and high-profile cases in the state. After retiring from law, Rich turned to filmmaking. He is the writer and director of the critically acclaimed Boundary Layer.

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We Discuss:

What Competence Actually Means in Legal Terms
Defining Medical Decision-Making Capacity
Real-Life Dilemmas in Emergency Medicine
The Right Terminology in Documentation
What Physicians Get Wrong in Court
How to Testify Like a Pro
How to Handle Yes/No Cross-Examinations
One Legal Nugget You Should Never Forget

Mentioned in this episode:

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Decision Making Capacity Free Template

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