The Patient-Physician Relationship in an Era of Scarce Resources: Is There a Duty to Treat?

25 Conn. L. Rev. 349 (1993)

Case Legal Studies Research Paper-1993

44 Pages Posted: 23 Jun 2020

See all articles by Maxwell Mehlman

Maxwell Mehlman

Case Western Reserve University School of Law

Date Written: 1993

Abstract

This Article examines the three major areas of common law that govern the patient-physician relationship: contract law, tort law, and fiduciary law. It explores the definition of the patient-physician relationship within each doctrine and the extent to which physicians must furnish care to patients regardless of resource constraints. After concluding that the common law cannot ensure that individual patients receive access to needed health care services, the Article explores how the law might be changed to achieve this result.

Keywords: Medical Ethics

JEL Classification: K32

Suggested Citation

Mehlman, Maxwell, The Patient-Physician Relationship in an Era of Scarce Resources: Is There a Duty to Treat? (1993). 25 Conn. L. Rev. 349 (1993), Case Legal Studies Research Paper-1993, Available at SSRN: https://ssrn.com/abstract=3628677

Maxwell Mehlman (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States

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