Advance directives, substituted judgment, and the best-interest standard all have limitations that constrain their usefulness in making medical decisions for patients who cannot choose for themselves.
A medical student’s desire to practice the specialty that he or she finds most interesting should not outweigh the right of patients in a pluralistic society to receive a full range of legal medical services.
An overview of Maine's pilot program to reduce the practice of defensive medicine in certain specialties by assuring legal protection for doctors who follow particular guidelines and discussion of why it was not used in malpractice litigation.
AMA J Ethics. 2018;13(11):792-795. doi:
10.1001/virtualmentor.2011.13.11.pfor1-1111.
Fabian von Knoch, MD, Anthony Marchie, MD, MPhil, and Henrik Malchau, MD, PhD
An argument that national joint registries have improved outcomes for arthroplasty patients because they track device performance, reduce revision surgeries, and promote evidence-based surgery.
Paula Tironi, JD, LLM and Monique M. Karaganis, MD
While parents often have legal authority to make decisions regarding pediatric palliative care, federal and state statutory and case laws, like CAPTA, impose significant restrictions on that authority.
Advance directives do not always resolve questions about the best care for patients who no longer have decision-making capacity; physicians and patient surrogates can take alternative approaches to arrive at the best care decision.