Suzanne Ost, ‘Breaching The Sexual Boundaries In The Doctor-Patient Relationship: Should English Law Recognise Fiduciary Duties?’

Abstract:
In this article, I argue that sexual exploitation in the doctor–patient relationship would be dealt with more appropriately by the law in England and Wales on the basis of a breach of fiduciary duty. Three different types of sexual boundary breaches are discussed, and the particular focus is on breaches where the patient’s consent is obtained through inducement. I contend that current avenues of redress do not clearly catch this behaviour and, moreover, they fail to capture the essence of the wrong committed by the doctor – the knowing breach of trust for self-gain – and the calculated way in which consent is induced. Finally, I demonstrate that the fiduciary approach is compatible with the contemporary pro-patient autonomy model of the doctor-patient relationship.

Suzanne Ost, Breaching The Sexual Boundaries In The Doctor–Patient Relationship: Should English Law Recognise Fiduciary Duties?. Medical Law Review (Spring 2016) 24(2): 206-233, doi: 10.1093/medlaw/fww001.

First posted 2016-06-14 06:07:28

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