What is clear and convincing evidence?
‘Clear and convincing evidence’ can be in the form of a living will or repeated oral expression, established In the Matter of Westchester County Medical Center, on behalf of Mary O’Connor, p. 8. “The ideal situation is one in which the patient’s wishes were expressed in some form of a writing, perhaps a ‘living will,’ while he or she was still competent. The existence of the writing suggests the seriousness of purpose and ensures that the court is not being asked to make a life-or-death decision based upon casual remarks”. The decision went on to state, “Of course, a requirement of a written expression in every case would be unrealistic. Further, it would unfairly penalize those who lack the skill to place their feelings in writing. For that reason, we must always remain open to applications such as this, which are based upon the repeated oral expressions of the patient”.
Related Questions
- Does the presence of MOLST eliminate the need for hospitals to establish clear and convincing evidence of the incapacitated patient’s wishes for end of life treatments?
- Is any particular type of evidence generally considered clear and convincing evidence of reasonable compensation for personal services?
- What Is Clear, Cogent, and Convincing Evidence?
