Affiliation:
1. Tulane University School of Medicine , New Orleans, Louisiana , USA
Abstract
Abstract
The Substituted Judgment Standard (SJS) for surrogate decision-making dictates that a surrogate, when making medical decisions on behalf of an incapacitated patient, ought to make the decision that the patient would have made if the patient had decisional capacity. Despite its intuitive appeal, however, SJS has been the target of a variety of criticisms. Most objections to SJS appeal to epistemic difficulties involved in determining what a patient would have decided in a given case. In this article, I offer an alternative standard for surrogate decision-making that avoids these difficulties. I then offer an account of its theoretical underpinnings which shows that it preserves the central moral justification for SJS, namely, respect for patient autonomy.
Publisher
Oxford University Press (OUP)
Subject
Philosophy,General Medicine,Issues, ethics and legal aspects
Cited by
2 articles.
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2. Bioethics and the Contours of Autonomy;The Journal of Medicine and Philosophy: A Forum for Bioethics and Philosophy of Medicine;2022-08-01