The University of Southampton
University of Southampton Institutional Repository

Patient narrative: an ‘on-switch’ for evaluating best interests

Patient narrative: an ‘on-switch’ for evaluating best interests
Patient narrative: an ‘on-switch’ for evaluating best interests
This article examines how the wishes, feelings, values and beliefs of adults lacking capacity can be evaluated and the extent to which they are given effect in best interests decision-making. One way of fulfilling the clinician’s legal responsibilities to take a patient’s preferences into account is to explicitly link these to the notion of narrative. Narratives provide a compelling grounding and give weight to views and values that may have been informally and consistently expressed in the past. An evaluation of recent case law suggests that the trajectory of a person’s life, their character and personality, and the perspectives of those with whom the patient has valued relationships are given increasing judicial recognition. Attending to the narrative of the patient could lead to a more sophisticated judgement of best interests than an objective ‘balance sheet’ approach would allow and enable greater alignment with the UN Convention on the Rights of Persons with Disabilities.
0964-9069
249-262
Johnston, Carolyn
06f6646f-6ae3-4700-b9a2-464607eb87d2
Banner, Natalie
6140791c-9826-4d38-8332-0badb5851abe
Fenwick, Angela
95a1f4fa-7f6f-4c07-a93b-9ea39c231c31
Johnston, Carolyn
06f6646f-6ae3-4700-b9a2-464607eb87d2
Banner, Natalie
6140791c-9826-4d38-8332-0badb5851abe
Fenwick, Angela
95a1f4fa-7f6f-4c07-a93b-9ea39c231c31

Johnston, Carolyn, Banner, Natalie and Fenwick, Angela (2016) Patient narrative: an ‘on-switch’ for evaluating best interests. The Journal of Social Welfare and Family Law, 38 (3), 249-262. (doi:10.1080/09649069.2016.1228146).

Record type: Article

Abstract

This article examines how the wishes, feelings, values and beliefs of adults lacking capacity can be evaluated and the extent to which they are given effect in best interests decision-making. One way of fulfilling the clinician’s legal responsibilities to take a patient’s preferences into account is to explicitly link these to the notion of narrative. Narratives provide a compelling grounding and give weight to views and values that may have been informally and consistently expressed in the past. An evaluation of recent case law suggests that the trajectory of a person’s life, their character and personality, and the perspectives of those with whom the patient has valued relationships are given increasing judicial recognition. Attending to the narrative of the patient could lead to a more sophisticated judgement of best interests than an objective ‘balance sheet’ approach would allow and enable greater alignment with the UN Convention on the Rights of Persons with Disabilities.

Text
PATIENT NARRATIVE AN ON-SWITCH FOR EVALUATING BEST INTERESTS.pdf - Accepted Manuscript
Download (359kB)

More information

Accepted/In Press date: 1 April 2016
e-pub ahead of print date: 12 September 2016
Published date: 12 September 2016
Organisations: Faculty of Medicine

Identifiers

Local EPrints ID: 400843
URI: http://eprints.soton.ac.uk/id/eprint/400843
ISSN: 0964-9069
PURE UUID: 3e533a07-f821-430a-8b4b-40c63bcda4de

Catalogue record

Date deposited: 28 Sep 2016 13:32
Last modified: 05 Nov 2020 05:01

Export record

Altmetrics

Contributors

Author: Carolyn Johnston
Author: Natalie Banner
Author: Angela Fenwick

University divisions

Download statistics

Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.

View more statistics

Atom RSS 1.0 RSS 2.0

Contact ePrints Soton: eprints@soton.ac.uk

ePrints Soton supports OAI 2.0 with a base URL of http://eprints.soton.ac.uk/cgi/oai2

This repository has been built using EPrints software, developed at the University of Southampton, but available to everyone to use.

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we will assume that you are happy to receive cookies on the University of Southampton website.

×