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BREACHING THE SEXUAL BOUNDARIES IN THE DOCTOR-PATIENT RELATIONSHIP: SHOULD ENGLISH LAW RECOGNISE FIDUCIARY DUTIES?
Med Law Rev 2016; 24(2):206-33ML

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.

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    Authors+Show Affiliations

    Ost S
    Centre for Bioethics and Medical Law, Law School, Lancaster University, UK.

    MeSH

    EnglandHumansInformed ConsentPhysician-Patient RelationsSexual BehaviorTrustWales

    Pub Type(s)

    Journal Article

    Language

    eng

    PubMed ID

    26846652

    Citation

    Ost, Suzanne. "BREACHING the SEXUAL BOUNDARIES in the DOCTOR-PATIENT RELATIONSHIP: SHOULD ENGLISH LAW RECOGNISE FIDUCIARY DUTIES?" Medical Law Review, vol. 24, no. 2, 2016, pp. 206-33.
    Ost S. BREACHING THE SEXUAL BOUNDARIES IN THE DOCTOR-PATIENT RELATIONSHIP: SHOULD ENGLISH LAW RECOGNISE FIDUCIARY DUTIES? Med Law Rev. 2016;24(2):206-33.
    Ost, S. (2016). BREACHING THE SEXUAL BOUNDARIES IN THE DOCTOR-PATIENT RELATIONSHIP: SHOULD ENGLISH LAW RECOGNISE FIDUCIARY DUTIES? Medical Law Review, 24(2), pp. 206-33. doi:10.1093/medlaw/fww001.
    Ost S. BREACHING the SEXUAL BOUNDARIES in the DOCTOR-PATIENT RELATIONSHIP: SHOULD ENGLISH LAW RECOGNISE FIDUCIARY DUTIES. Med Law Rev. 2016;24(2):206-33. PubMed PMID: 26846652.
    * Article titles in AMA citation format should be in sentence-case
    TY - JOUR T1 - BREACHING THE SEXUAL BOUNDARIES IN THE DOCTOR-PATIENT RELATIONSHIP: SHOULD ENGLISH LAW RECOGNISE FIDUCIARY DUTIES? A1 - Ost,Suzanne, Y1 - 2016/02/03/ PY - 2016/2/6/entrez PY - 2016/2/6/pubmed PY - 2018/3/3/medline KW - Abuse of power KW - Abuse of trust KW - Doctor–patient relationship KW - Fiduciary KW - Sexual boundary breaches KW - Sexual exploitation SP - 206 EP - 33 JF - Medical law review JO - Med Law Rev VL - 24 IS - 2 N2 - 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. SN - 1464-3790 UR - https://www.unboundmedicine.com/medline/citation/26846652/BREACHING_THE_SEXUAL_BOUNDARIES_IN_THE_DOCTOR-PATIENT_RELATIONSHIP:_SHOULD_ENGLISH_LAW_RECOGNISE_FIDUCIARY_DUTIES L2 - https://academic.oup.com/medlaw/article-lookup/doi/10.1093/medlaw/fww001 DB - PRIME DP - Unbound Medicine ER -