Physicians' Duty to Inform Patients of New Medical Discoveries: The Effect of Health Information Technology

5 Pages Posted: 13 Dec 2011

See all articles by Mark A. Rothstein

Mark A. Rothstein

University of Louisville - Institute for Bioethics, Health Policy, and Law; University of Louisville - Louis D. Brandeis School of Law

Date Written: December 4, 2011

Abstract

Physicians' duties to their patients traditionally have been construed narrowly in time and scope to focus on the specific episode of care or clinical encounter. Physicians generally have had no ethical or legal duty to notify patients about new medical information discovered after a visit, notwithstanding the health care benefits to patients that might flow from receiving the information.

Keywords: Health Information Technology, Physician-patient relationship, notification of new discoveries, electronic health records, EHR

JEL Classification: K31, K32

Suggested Citation

Rothstein, Mark A., Physicians' Duty to Inform Patients of New Medical Discoveries: The Effect of Health Information Technology (December 4, 2011). Journal of Law, Medicine and Ethics, Vol. 39, No. 4, 2011. Available at SSRN: https://ssrn.com/abstract=1971245

Mark A. Rothstein (Contact Author)

University of Louisville - Institute for Bioethics, Health Policy, and Law ( email )

Louisville, KY 40202
United States

HOME PAGE: http://www.louisville.edu/bioethics

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

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