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1 results

  • In Defence of the Best Interest Standard: A Fiduciary Duty

  • Schuyler Pringle
  • Journal:
    Dialogue: Canadian Philosophical Review / Revue canadienne de philosophie / Volume 63 / Issue 3 / December 2024
    Published online by Cambridge University Press:
    23 January 2025, pp. 475-496
    • Article
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  • Looking at Canadian provincial pediatric health care policies and laws, the best interest standard (BIS) enjoys support. Within philosophy, however, the BIS faces serious opposition. Granted, there remain a few fervent defenders of the BIS in the contemporary literature; however, I argue that while some authors nominally defend the BIS, my analysis reveals that what they really defend is at best a watered down version of it. In this article, I argue that not only must the BIS be understood narrowly, but a substitute decision-maker (SDM) must satisfy the BIS — for an SDM is her patient's fiduciary.