SUBSTITUTED-JUDGMENT DOCTRINE

SUBSTITUTED-JUDGMENT DOCTRINE

substituted-judgment doctrine. A principle that allows a surrogate decision-maker to attempt to establish, with as much accuracy as possible, what decision an incompetent patient would make if he or she were competent to do so. ? The standard of proof is by clear and convincing evidence. Generally, the doctrine is used for a person who was once competent but no longer is. ¡ª Also termed doctrine of substituted judgment. Cf. FAITH-HEALING EXEMPTION; medical neglect under NEGLECT. [Cases: Health 910.]
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