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

资深译员Lynn，知名国际商学院金融专业，专注翻译各种与贷款人责任及其他银行业与金融机构诉讼有关的法律文件。