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. — Also termed doctrine of substituted judgment. Cf. FAITH-HEALING EXEMPTION; medical neglect under NEGLECT. [Cases: Health 910.]

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词条贡献者

译者Carl，知名法学院保险学专业，擅长翻译各种与保险理赔追索相关的法律文件。