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Best Interests Analysis

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Best Interests Analysis
A paternalistic stance on physician-assisted suicide, which would allow physicians to act in the ‘best interests of a patient'—e.g., euthanise terminally ill patients who did not consent thereto


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The best interests analysis includes the wishes of the person and states that the person's desire not to be sterilized must weigh heavily against authorizing the procedure.
The best interests analysis is complicated because every course of treatment will normally involve risks as well as benefits, and various treatment alternatives will often be available.
While it may be argued that harm or detriment is always an element of the best interests analysis, we must join our sister courts in Tennessee and Georgia in ruling that a best interest test without an explicit requirement of harm cannot pass constitutional muster in this specific context.
 
 
 
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