Fiduciary Disclosure of Medical Mistakes: The Duty to Promptly Notify Patients of Adverse Health Care Events
dc.contributor.author | Faunce, Thomas | en_AU |
dc.date.accessioned | 2015-12-13T22:42:01Z | |
dc.date.available | 2015-12-13T22:42:01Z | |
dc.date.issued | 2005 | |
dc.date.updated | 2015-12-11T10:05:05Z | |
dc.description.abstract | Fiduciary obligations are imposed by the common law to ensure that a person occupying a societal role with a high potential for the manipulation of vulnerable persons exercises utmost good faith. Australian law has recognised that the doctor-patient relationship, while not wholly fiduciary, has fiduciary aspects. Amongst such duties are those prohibiting sexual or financial abuse of patients or disclosure without express authority of confidential information. One important consequence of attaching such fiduciary duties to the doctor-patient relationship is that the onus of proof falls not upon the vulnerable party (the patient), but upon the doctor (to disprove the allegation). Another is that consent cannot be pleaded as an absolute defence. In this article the authors advocate that the law should now accept that the fiduciary obligations of the doctor-patient relationship extend to creating a legal duty that any adverse health care event be promptly reported to the patient involved. The reasons for creating such a presumption, as well as its elements and exceptions, are explained. | |
dc.identifier.issn | 1320-159X | |
dc.identifier.uri | http://hdl.handle.net/1885/78778 | |
dc.provenance | The permission to archive the version was archived in ERMS2988179. This article was first published by Thomson Reuters in the Journal of Law and Medicine and should be cited as "Faunce, T., and S. Bolsin. "Fiduciary Disclosure of Medical Mistakes: The Duty to Promptly Notify Patients of Adverse Health Care Events�(2005)." Journal of Law and Medicine 12: 478.". For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase | en_AU |
dc.publisher | The Law Book Company | |
dc.rights | Copyright Lawbook Co. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. | en_AU |
dc.source | Journal of Law and Medicine | |
dc.subject | Keywords: article; Australia; confidentiality; doctor patient relation; ethics; Health Care and Public Health; human; informed consent; interpersonal communication; Legal Approach; legal aspect; medical error; medical ethics; patient right; physician attitude; Prof | |
dc.title | Fiduciary Disclosure of Medical Mistakes: The Duty to Promptly Notify Patients of Adverse Health Care Events | |
dc.type | Journal article | |
dcterms.accessRights | Open Access | en_AU |
local.bibliographicCitation.lastpage | 482 | |
local.bibliographicCitation.startpage | 478 | |
local.contributor.affiliation | Faunce, Thomas, ANU College of Law, ANU | |
local.contributor.authoremail | u9705219@anu.edu.au | |
local.contributor.authoruid | Faunce, Thomas, u9705219 | |
local.description.notes | Imported from ARIES | |
local.description.refereed | Yes | |
local.identifier.absfor | 180110 - Criminal Law and Procedure | |
local.identifier.ariespublication | MigratedxPub7361 | |
local.identifier.citationvolume | 12 | |
local.identifier.scopusID | 2-s2.0-21444443214 | |
local.identifier.uidSubmittedBy | Migrated | |
local.type.status | Published Version |
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