best interests principle

best interests principle

A principle which is promulgated by the UK’s General Medical Council to provide guidance in deciding what options may be reasonably considered for a patient who lacks the capacity to provide informed consent to undergo, or refuse to undergo, a procedure, by taking into account:
• Options for treatment or investigation which are clinically indicated;
• Any evidence of the patient's previously expressed preferences, including an advance statement;
• The doctor’s and health care team's knowledge of the patient's background, such as cultural, religious, or employment considerations; 
• Views about the patient's preferences given by a third party who may have other knowledge of the patient—for example the patient's partner, family, carer, tutor-dative (Scotland) or a person with parental responsibility; 
• Which option least restricts the patient's future choices, if more than one option (including non-treatment) seems reasonable in the patient's best interest.
References in periodicals archive ?
Despite arguments by some scholars that minors could refuse life-sustaining treatments in the right case, (11) courts consistently apply the best interests principle over a recognition of competence.
Finally, despite the critiques associated with the best interests principle, I will conclude that the best interests approach is appropriate when the life of a minor is at stake.
Like many other cases involving life and death medical decisions, the emphasis in SJL is an attempt to preserve S's life by using the best interests principle, rather than autonomy, which could well have resulted in her death.
A best interests principle could easily be overused in our efforts to protect minors from unnecessary pain and trouble in their lives that would extend to situations where the potential outcomes are less dire than they were in SJL, such as the circumstances in Gillick.
The indeterminacy of the best interests principle and the associated transaction costs have been widely noted.
This is also part and parcel of the best interests principle.
Tiffs is again part of the best interests principle.
Alberta already has in place a mandatory education program which attempts to focus parents on the best interests principle and on parenting plans.
Thus in the absence of any express provision to limit the application of the best interests principle to matters of direct concern to children, there appears to be no basis upon which to adopt such a restrictive approach.
Although the best interests principle is enshrined in the CRC, this is also the central principle of the welfare model that emerged in the mid to late nineteenth century and has dominated the social, legal and thus judicial treatment of children ever since.
64) At the same time, an application of the best interests principle must be accompanied by a consideration of other factors if it is to avoid the dangers associated with the historical application of this principle.
This raises the very real prospect that in some cases the best interests principle will occupy a zone of indeterminacy.
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