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Health Information Technology and Physicians’ Duty to Notify Patients of New Medical Developments

44 Pages Posted: 8 Aug 2012 Last revised: 24 Feb 2014

Mark A. Rothstein

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

Gil Siegal

University of Virginia School of Law; Kiryat Ono College, Israel

Date Written: 2012

Abstract

Physicians generally have had no legal or ethical duty to notify patients about new, patient-specific medical information or medical advances discovered after the patient's last episode of care. Notification has been viewed as impractical, burdensome, and not justified by gains in patient care. New developments in health information technology, however, have drastically altered the ratio of benefits to burdens in patient notification. In light of these developments, this article proposes that physicians should have a limited duty to notify patients about certain significant and relevant information, including adverse drug reactions, medical device recalls, and important changes in a physician's treatment recommendations.

Keywords: physician-patient relationship, health information technology, duty to warn, adverse drug reactions, medical device recalls

JEL Classification: K31, K32

Suggested Citation

Rothstein, Mark A. and Siegal, Gil, Health Information Technology and Physicians’ Duty to Notify Patients of New Medical Developments (2012). Houston Journal of Health Law and Policy, Vol. 12, No. 1, 2012 Forthcoming. Available at SSRN: https://ssrn.com/abstract=2126126

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

Gil Siegal

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States
434-243-8541 (Phone)
434-924-3517 (Fax)

HOME PAGE: www.law.virginia.edu/fac/gs6x

Kiryat Ono College, Israel ( email )

104 Zahal St.
Kiryat Ono, 55000
Israel
972-3-50-380-4420 (Phone)
972-3-530-3960 (Fax)

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