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.
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.
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.