David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Medicine and Philosophy 8 (4):389-403 (1983)
The paper clarifies the relative merits and proper roles of standards of review in the determination of proxy consent for those unable to make decisions concerning their own medical treatment. The "substituted judgment" standard asks which treatment the incompetent person would choose if competent, while the "best interests" test asks which treatment would benefit the patient. The tests are discussed in relation to the moral principles of autonomy and beneficence which provide their justification. I distinguish six types of cases involving incompetent patients and argue that which standard is appropriate depends on the type of case involved. A "rational choice" standard, which asks "What would the incompetent patient choose if his or her choice were rational?", is proposed as a way of determining best interests. Keywords: proxy consent, nontreatment of incompetent persons, substituted judgment CiteULike Connotea Del.icio.us What's this?
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
N. Waller Bruce (1995). Individual Autonomy and the Double-Blind Controlled Experiment: The Case of Desperate Volunteers. Journal of Medicine and Philosophy 20 (1).
Donald Vandeveer (1981). Experimentation on Children and Proxy Consent. Journal of Medicine and Philosophy 6 (3):281-294.
Sonja Grover (2003). On the Limits of Parental Proxy Consent: Children's Right to Non-Participation in Non-Therapeutic Research. [REVIEW] Journal of Academic Ethics 1 (4):349-383.
Yujin Nagasawa (2008). Proxy Consent and Counterfactuals. Bioethics 22 (1):16–24.
Linus Broström, The Substituted Judgment Standard. Studies on the Ethics of Surrogate Decision Making.
Mats Johansson & Linus Broström (2008). Turning Failures Into Successes: A Methodological Shortcoming in Empirical Research on Surrogate Accuracy. Theoretical Medicine and Bioethics 29 (1):17-26.
David Shaw (2011). A Direct Advance on Advance Directives. Bioethics 26 (5):267-274.
David C. Thomasma (2000). A Model of Community Substituted Consent for Research on the Vulnerable. Medicine, Health Care and Philosophy 3 (1):47-57.
Jillian Craigie (2011). Competence, Practical Rationality and What a Patient Values. Bioethics 25 (6):326-333.
Edward Wierenga (1983). Proxy Consent and Counterfactual Wishes. Journal of Medicine and Philosophy 8 (4):405-416.
Added to index2010-08-16
Total downloads10 ( #148,525 of 1,102,925 )
Recent downloads (6 months)5 ( #62,002 of 1,102,925 )
How can I increase my downloads?