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An Ethical and Legal Framework for Physicians as Surrogate Decision‐Makers for Their Patients

Philip M. Rosoff & Kelly M. Leong

Journal of Law, Medicine and Ethics 43 (4):857-877 (2015)

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Legal Briefing: POLST: Physician Orders for Life-Sustaining Treatment.Thaddeus Mason Pope & Melinda Hexum - 2012 - Journal of Clinical Ethics 23 (4):353-376.details This issue’s “Legal Briefing” column covers recent legal developments involving POLST (physician orders for lifesustaining treatment.) POLST has been the subject of recent articles in JCE. It has been the subject of major policy reports and a recent New York Times editorial. And POLST has been the subject of significant legislative, regulatory, and policy attention over the past several months. These developments and a survey of the current landscape are usefully grouped into the following 14 categories: 1. Terminology2. Purpose, function, (...) Download Export citation Bookmark 3 citations
In the Business of Dying: Questioning the Commercialization of Hospice.Joshua E. Perry & Robert C. Stone - 2011 - Journal of Law, Medicine and Ethics 39 (2):224-234.details In our society, some aspects of life are off-limits to commerce. We prohibit the selling of children and the buying of wives, juries, and kidneys. Tainted blood is an inevitable consequence of paying blood donors; even sophisticated laboratory tests cannot supplant the gift-giving relationship as a safeguard of the purity of blood. Like blood, health care is too precious, intimate, and corruptible to entrust to the market.The hospice movement in the United States is approximately 40 years old. During these past (...) Download Export citation Bookmark 10 citations
The Best Interest Standard: Both Guide and Limit to Medical Decision Making on Behalf of Incapacitated Patients.Thaddeus Mason Pope - 2011 - Journal of Clinical Ethics 22 (2):134-138.details In this issue of JCE, Douglas Diekema argues that the best interest standard (BIS) has been misemployed to serve two materially different functions. On the one hand, clinicians and parents use the BIS to recommend and to make treatment decisions on behalf of children. On the other hand, clinicians and state authorities use the BIS to determine when the government should interfere with parental decision-making authority. Diekema concedes that the BIS is appropriately used to “guide” parents in making medical treatment (...) Download Export citation Bookmark 16 citations
Stewards of a public trust: Responsible transplantation.Mark D. Fox - 2003 - American Journal of Bioethics 3 (1):5 – 7.details Download Export citation Bookmark 2 citations

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