The Physician as a Health Care Proxy

Posted: 22 Oct 1999

See all articles by Arti K. Rai

Arti K. Rai

Duke University School of Law; Duke Innovation & Entrepreneurship Initiative

Mark Siegler

University of Chicago - Pritzker School of Medicine

John Lantos

University of Chicago

Abstract

The majority of states prohibit patients from appointing their physicians as health care proxies. These prohibitions are grounds in fears of paternalism and conflict of interest. However, the potential for conflict is not unique to physicians. Moreover, patients -- particularly individuals who do not have relatives or friends who can help with medical decisionmaking -- may have compelling reasons to appoint their physician as a proxy. Managing potential conflicts serves patients better than denying them the right to choose who will make health care decisions for them when they are no longer competent.

Suggested Citation

Rai, Arti Kaur and Siegler, Mark and Lantos, John, The Physician as a Health Care Proxy. Available at SSRN: https://ssrn.com/abstract=187371

Arti Kaur Rai (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Duke Innovation & Entrepreneurship Initiative ( email )

215 Morris St., Suite 300
Durham, NC 27701
United States

Mark Siegler

University of Chicago - Pritzker School of Medicine ( email )

Chicago, IL 60637
United States

John Lantos

University of Chicago ( email )

1101 East 58th Street
MacLean Center for Clinical Medical Ethics
Chicago, IL 60637
United States
(773) 363-3700, x 372 (Phone)

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