To Tell the Truth: Physicians' Duty to Disclose Medical Mistakes
Seattle University School of Law
Joan E. Vogel
affiliation not provided to SSRN
UCLA Law Review, Vol. 28, 1980
Discusses the need for a duty to disclose, showing that the medical community does not effectively self-regulate in this area. Emphasizes the importance of such a duty in light of the inherent inequality between patients and doctors. Establishes the plausibility of the duty to disclose, in order to enable the patient to take corrective action or sue for redress. Outlines the prima facie case for (and defenses to) an action for breach of the duty to disclose medical errors. Anticipates objections to such a duty and responds to them.
Number of Pages in PDF File: 43
Keywords: Medical malpractice, Duty to disclose, Medical errors, TortsAccepted Paper Series
Date posted: July 18, 2012
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