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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Final published version
Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
}
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 -