David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Theoretical Medicine and Bioethics 20 (1):45-54 (1999)
I review the recent case of Edna Folz, a 73 year-old woman who was suffering through the end stages of very advanced Alzheimer's dementia when her case was adjudicated by the Wisconsin Supreme Court. I consider this case as an example of how courts are increasingly misinterpreting the ethical and legal decision-making standards known as substituted judgment and best interests and thereby threatening individuals' treatment decision-making rights as developed by other courts over the past two decades and creating serious roadblocks to health-care providers' ability to render appropriate patient care. The Wisconsin Supreme Court held that Edna's legal guardian could not authorize withdrawal of Edna's treatment, ruling that as a matter of law, if an incompetent person is not in a persistent vegetative state, it is not in his or her best interests for life-sustaining treatment to be withdrawn unless (s)he has executed an advance directive or other statement clearly indicating his or her desires.
|Keywords||Surrogate decision making end-of-life decision making substituted judgment best interest standard Equal Protection Clause of the Fourteenth Amendment|
|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
Frederick F. Schauer (1991). Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life. Oxford University Press.
Elysa R. Koppelman (2002). Dementia and Dignity: Towards a New Method of Surrogate Decision Making. Journal of Medicine and Philosophy 27 (1):65 – 85.
Rosamond Rhodes & Ian Holzman (2004). The Not Unreasonable Standard for Assessment of Surrogates and Surrogate Decisions. Theoretical Medicine and Bioethics 25 (4):367-386.
James L. Werth & Dean Blevins (eds.) (2008). Decision Making Near the End of Life: Issues, Development, and Future Directions. Brunner-Routledge.
Arthur R. Derse (1999). Making Decisions About Life-Sustaining Medical Treatment in Patients with Dementia. Theoretical Medicine and Bioethics 20 (1):55-67.
Kristine Bærøe (2010). Patient Autonomy, Assessment of Competence and Surrogate Decision-Making: A Call for Reasonableness in Deciding for Others. Bioethics 24 (2):87-95.
Linus Broström, The Substituted Judgment Standard. Studies on the Ethics of Surrogate Decision Making.
Susan R. Martyn (2009). Substituted Judgment, Best Interests, and the Need for Best Respect. Cambridge Quarterly of Healthcare Ethics 3 (02):195-.
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.
Added to index2009-01-28
Total downloads7 ( #180,440 of 1,096,820 )
Recent downloads (6 months)1 ( #273,068 of 1,096,820 )
How can I increase my downloads?