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- Title
The Medical Surrogate as Fiduciary Agent.
- Authors
Howard, Dana
- Abstract
The article discusses what the author refers to as the Fiduciary Agency Approach to medical surrogate decision-making in the U.S., and it mentions the the legal rights of competent and incompetent patients, American medical care laws, and patient self-determination. A Pure Agency Approach to surrogate decision-making is assessed, as well as advance directives, a substituted judgment principle, and a Custodial Approach which deals with a patient's interests.
- Subjects
UNITED States; HEALTH care proxy; FIDUCIARY responsibility; MEDICAL decision making; AGENCY (Law); PATIENTS' rights; MENTAL competency (Law); PATIENT autonomy; MEDICAL laws; PATIENT decision making; BIOETHICS; CAPACITY (Law); DECISION making; RESPONSIBILITY; SOCIAL role; ADVANCE directives (Medical care); ETHICS
- Publication
Journal of Law, Medicine & Ethics, 2017, Vol 45, Issue 3, p402
- ISSN
1073-1105
- Publication type
Article
- DOI
10.1177/1073110517737541