Can Law Save Medicine?

Abstract

The ability of patients to be able to trust their physicians is critical for patient well-being, for societal efficiency, and for physicians to continue to be regarded as professionals. However, changes in the health care system and self-interested behavior by physicians have eroded patient trust. Medicine does not appear able to restore fidelity to patients without the help of the law, but for reasons that the article explains, the law largely has acted as an impediment. The article calls for changes in the law to reinforce the physician’s duty of loyalty.

Keywords: Patients, Physician’s duty of loyalty, Profession, Trade, Legal liability, Fiduciary

JEL Classification: K13