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  1. Changing the Question.Daniel Brudney - 2019 - Hastings Center Report 49 (2):9-16.
    Jack, who is seventy‐five years old, is in the hospital with a terminal condition that has undermined his cognitive faculties. He has left no advance directive and has never had a conversation in which he made his treatment wishes remotely clear. Yet now, a treatment decision must be made, and in modern American medicine, the treatment decision for Jack is supposed to be made by a surrogate decision‐maker, who is supposed to use a decision‐making standard known as “substituted judgment.” According (...)
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  • The Surrogate's Authority.Hilde Lindemann & James Lindemann Nelson - 2014 - Journal of Medicine and Philosophy 39 (2):161-168.
    The authority of surrogates—often close family members—to make treatment decisions for previously capacitated patients is said to come from their knowledge of the patient, which they are to draw on as they exercise substituted judgment on the patient’s behalf. However, proxy accuracy studies call this authority into question, hence the Patient Preference Predictor (PPP). We identify two problems with contemporary understandings of the surrogate’s role. The first is with the assumption that knowledge of the patient entails knowledge of what the (...)
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  • Do patients want their families or their doctors to make treatment decisions in the event of incapacity, and why?David Wendler, Robert Wesley, Mark Pavlick & Annette Rid - 2016 - AJOB Empirical Bioethics 7 (4):251-259.
    Background: Current practice relies on patient-designated and next-of-kin surrogates, in consultation with clinicians, to make treatment decisions for patients who lose the ability to make their own decisions. Yet there is a paucity of data on whether this approach is consistent with patients' preferences regarding who they want to make treatment decisions for them in the event of decisional incapacity. Methods: Self-administered survey of patients at a tertiary care center. Results: Overall, 1169 respondents completed the survey (response rate = 59.8%). (...)
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  • Patients’ Priorities for Surrogate Decision-Making: Possible Influence of Misinformed Beliefs.E. J. Jardas, Robert Wesley, Mark Pavlick, David Wendler & Annette Rid - 2022 - AJOB Empirical Bioethics 13 (3):137-151.
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