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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.

Authors+Show Affiliations

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

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 -