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.💡 Check out our Free Resources specifically designed to address pain points in medical practice💡We Discuss:What Competence Actually Means in Legal TermsDefining Medical Decision-Making CapacityReal-Life Dilemmas in Emergency MedicineThe Right Terminology in DocumentationWhat Physicians Get Wrong in CourtHow to Testify Like a ProHow to Handle Yes/No Cross-ExaminationsOne Legal Nugget You Should Never ForgetMentioned in this episode:Coming Soon! The Out On Time CourseIf you are on our mailing list, you will have early access and a few other surprises as well.Sign up for our NewsletterDecision Making Capacity Free TemplateNeed to document decision-making capacity quickly and accurately? I created this free resource so you don’t have to waste time looking up the elements each time. It’s an example of how it can be done—use it as a guide and make it your own.Free Resources LinkNever Lame. Never Spammy. Always Fresh.If you’d like a few minutes of career-elevating curated kickassery delivered to your inbox, sign up for our newsletter. Sign up for our Newsletter

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