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    Rights statement: 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

    Accepted author manuscript, 539 KB, PDF document

    Available under license: CC BY: Creative Commons Attribution 4.0 International License

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

Research output: Contribution to journalJournal article

Published
<mark>Journal publication date</mark>4/02/2016
<mark>Journal</mark>Medical Law Review
Issue number2
Volume24
Number of pages27
Pages (from-to)206-233
Publication statusPublished
Early online date3/02/16
Original languageEnglish

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.

Bibliographic note

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