Breaching the sexual boundaries in the doctor-patient relationship:should English law recognise fiduciary duties?

Ost, Suzanne (2016) Breaching the sexual boundaries in the doctor-patient relationship:should English law recognise fiduciary duties? Medical Law Review, 24 (2). pp. 206-233. ISSN 0967-0742

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Abstract

In this paper 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.

Item Type:
Journal Article
Journal or Publication Title:
Medical Law Review
Additional Information:
This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Medical Law Review following peer review. The definitive publisher-authenticated version Suzanne Ost BREACHING THE SEXUAL BOUNDARIES IN THE DOCTOR–PATIENT RELATIONSHIP: SHOULD ENGLISH LAW RECOGNISE FIDUCIARY DUTIES? Med Law Rev (Spring 2016) 24 (2): 206-233 first published online February 3, 2016 doi:10.1093/medlaw/fww001 is available online at: http://medlaw.oxfordjournals.org/content/24/2/206
Uncontrolled Keywords:
/dk/atira/pure/researchoutput/libraryofcongress/k
Subjects:
ID Code:
77588
Deposited By:
Deposited On:
08 Jan 2016 10:40
Refereed?:
Yes
Published?:
Published
Last Modified:
22 Sep 2020 02:26