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Substituted Judgment, Best Interests and the Need for Best Respect

Cambridge Quarterly of Healthcare Ethics, Vol. 3, p. 194, 1994

15 Pages Posted: 16 Jul 2008  

Susan R. Martyn

University of Toledo - College of Law

Date Written: 1994

Abstract

Perhaps the most troubling medical decisionmaking cases facing state courts involve serious health care decisions for persons with severe or profound mental retardation. Existing legal standards such as substituted judgment and best interests limit or skew relevant information. As an alternative, a best respect legal standard would prod decision makers to exhaust additional sources of information before making a surrogate medical decision. Such a legal standard also offers a more complete approach to all surrogate medical decisions.

Keywords: Substituted Judgment, Best Interests, Best Respect, Surrogate Decision Makers, Quality of Life

Suggested Citation

Martyn, Susan R., Substituted Judgment, Best Interests and the Need for Best Respect (1994). Cambridge Quarterly of Healthcare Ethics, Vol. 3, p. 194, 1994 . Available at SSRN: https://ssrn.com/abstract=1160003

Susan R. Martyn (Contact Author)

University of Toledo - College of Law ( email )

2801 W. Bancroft Street
Toledo, OH 43606
United States
419 530-4212 (Phone)
419 530-2821 (Fax)

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