Download this Paper Open PDF in Browser

Message Deleted? Resolving Physician-Patient E-mail Through Contract Law

Yale Journal of Law and Technology, Vol. 5, p. 104, 2003

36 Pages Posted: 15 Oct 2004  

Michael McCann

University of New Hampshire School of Law; Sports Illustrated and SI.com; Mississippi College School of Law

Abstract

This article examines the impact of e-mail on the physician-patient relationship, and how contract law can resolve the uncertainties incumbent in this nascent form of communication. Significantly, courts have yet to indicate when the physician-patient relationship begins by e-mail, or to what extent e-mail affects the duties of the relationship. Instead of waiting for judicial guidance, physicians and patients can employ specialized contracts to clarify the role that e-mail plays in their relationship. As a result, more physicians and patients will regard e-mail correspondence as a valuable means of communication, and a tool for improving the quality of health care as well.

Suggested Citation

McCann, Michael, Message Deleted? Resolving Physician-Patient E-mail Through Contract Law. Yale Journal of Law and Technology, Vol. 5, p. 104, 2003. Available at SSRN: https://ssrn.com/abstract=604323

Michael A. McCann (Contact Author)

University of New Hampshire School of Law ( email )

Franklin Pierce Center for Intellectual Property
2 White Street
Concord, NH 03301
603.513.5254 (Phone)

HOME PAGE: http://law.unh.edu/about/personnel/faculty/michael-mccann

Sports Illustrated and SI.com

1271 Avenue of the Americas
New York, NY 10020
United States

HOME PAGE: http://sportsillustrated.cnn.com/writers/michael_mccann/archive/index.html

Mississippi College School of Law

151 East Griffith Street
Jackson, MS 39157

HOME PAGE: http://law.mc.edu/faculty/profile_mccann.htm

Paper statistics

Downloads
102
Rank
221,719
Abstract Views
1,653