What does the phrase “clear and convincing evidence” refer to in terms of medical decision-making? What counts as "clear and convincing" evidence and what does not? Explain how/why this standard of medical decision-making came about. When a court invokes the "clear and convincing evidence" standard, it usually implies that the surrogate must demonstrate that the patient clearly articulated a preference about not wanting a particular life sustaining treatment in a particular circumstance. If the standard of evidence is not met, the default is to provide all life-sustaining treatment for as long as the patient is alive. Clear and convincing evidence is the evidence that is strong, clear and that leaves no doubt when presented. It is a standard
