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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

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

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Breaching the sexual boundaries in the doctor-patient relationship : should English law recognise fiduciary duties? / Ost, Suzanne.

In: Medical Law Review, Vol. 24, No. 2, 04.02.2016, p. 206-233.

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@article{f1ace5efbad94449b0ad9635abdc961f,
title = "Breaching the sexual boundaries in the doctor-patient relationship: should English law recognise fiduciary duties?",
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.",
keywords = "fiduciary law, fiduciary obligation, sexual boundaries, sexual exploitation, sexual boundary breaches",
author = "Suzanne Ost",
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",
year = "2016",
month = "2",
day = "4",
doi = "10.1093/medlaw/fww001",
language = "English",
volume = "24",
pages = "206--233",
journal = "Medical Law Review",
issn = "0967-0742",
publisher = "Oxford University Press",
number = "2",

}

RIS

TY - JOUR

T1 - Breaching the sexual boundaries in the doctor-patient relationship

T2 - should English law recognise fiduciary duties?

AU - Ost, Suzanne

N1 - 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

PY - 2016/2/4

Y1 - 2016/2/4

N2 - 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.

AB - 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.

KW - fiduciary law

KW - fiduciary obligation

KW - sexual boundaries

KW - sexual exploitation

KW - sexual boundary breaches

U2 - 10.1093/medlaw/fww001

DO - 10.1093/medlaw/fww001

M3 - Journal article

VL - 24

SP - 206

EP - 233

JO - Medical Law Review

JF - Medical Law Review

SN - 0967-0742

IS - 2

ER -