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Applying the 1919 statute treated in Kotteakos, which governed only "technical errors," 28 U.S.C. 391 (1946 ed)., the Court emphasized the clear intent of Congress "was simple: To substitute judgment for automatic application of rules". 328 U.S., at 759-760, 66 S.Ct., at 1245.
It is also possible to substitute judgment or belief in the response slot.
Creative approaches aimed at improving the accuracy of substitute judgment thus need to be developed and evaluated.
For question 2, agreement between the substitute judgment of the oncologist and the patient information desire is determined.
Investigators concluded that their findings provide an "unequivocal demonstration of the ineffectiveness of patient-surrogate discussion to enhance the accuracy of substitute judgment".
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Social media as a contributor to substituted judgment: the hazards outweigh the value.
If unable to make a substituted judgment, proxies are asked to decide on the basis of the patient's best interests.
The question for decision was whether the exercise of discretion by the Commission was within permissible limits, not whether the District Judge's substituted judgment was reasonable.
Many States require a judicial determination of incompetence, other findings, or a substituted judgment when a patient or inmate refuses psychotropic drugs.
If you don't have instructions from the patient, you go with what's called substituted judgment: If the patient were sitting in the room with you, what would she want?
Ethical guidelines suggest that, when enrolling patients with dementia in research, alterative decision makers (proxies) should base their decision on a "substituted judgment" of how the patient would have decided.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com