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Fiduciary Duty of
Doctors
DR SHARON BAISIL
• Fiduciary duty refers to the legal and ethical obligation that doctors
have to act in their patients' best interests and to prioritize their
patients' well-being above their own interests or the interests of
others.
• This duty arises from the special relationship that exists between
doctors and patients, in which patients place their trust in their doctors
to provide competent and compassionate care.
• Fiduciary duty includes a range of obligations, such as maintaining
patient confidentiality, providing accurate and complete
information to patients, obtaining informed consent for medical
procedures, and avoiding conflicts of interest.
• Doctors must also exercise their professional judgment and skills
with care and diligence, and must refrain from actions or
omissions that could harm their patients.
• Breaching fiduciary duty can lead to legal and disciplinary
consequences for doctors, including malpractice lawsuits, loss of
licensure, and damage to their professional reputation.
• Upholding fiduciary duty is essential for maintaining the integrity and
trustworthiness of the medical profession, and for ensuring that
patients receive the highest quality care possible.
Group 1: Patient Autonomy
• Dr. B is a psychiatrist who is treating a patient, Ms. S, who has
been diagnosed with depression.
• Dr. B recommends a course of treatment that includes medication
and therapy. However, Ms. S expresses a preference for alternative
treatments such as herbal remedies and acupuncture.
• What should Dr. B do? Should he insist on the recommended
course of treatment or respect Ms. S's preference for alternative
treatments?
Group 2: Fiduciary Duty and Social Media
• Dr. N is a dermatologist, and Mrs. L is his patient.
• Mrs. L posts a negative review of Dr. N on social media, claiming
that he misdiagnosed her condition
• The review is getting a lot of public attention and is affecting his
reputation.
• Dr. N want to respond to it with a detailed explanation of Mrs. L's
condition, but it will reveal her personal information to the public.
• What should Dr N do?
Group 3: End-of-Life Care
• Dr. G is an oncologist, and Mrs. J is his patient.
• Mrs. J has terminal cancer and is nearing the end of her life.
• Mrs. J has expressed a desire to die peacefully at home and take
palliative care, but her family wants her to receive aggressive
medical treatment.
• Should Dr. G respect Mrs. J's autonomy and let her die at home, or
should he honor the family's wishes?
Group 4: The Duty to Provide Appropriate Care
• Dr. J is a famous paediatrician who has a patient, B, who has been
diagnosed with a rare condition that requires a specific medication.
• Dr. J prescribes the medication, but due to a clerical error, the
pharmacy dispenses the wrong medication, which causes severe
adverse reactions in B.
• What should Dr. J do? Should he take responsibility for the error and
inform it to B’s parents, or should he try to cover up the mistake to
protect himself and his reputation?
Group 5: Fiduciary Duty to Maintain Confidentiality
• Dr. A has been treating a girl R for depression, who is a plus-two
student.
• During one of their sessions, R discloses that she is sexually active
with her boyfriend.
• Dr A personally know R’s parents and they are devoutly religious.
• Should Dr. A disclose R's sexual activity to her parents or keep it
confidential?
BRAINSTORMING
Thank you

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Fiduciary Duty - Case Studies

  • 2. • Fiduciary duty refers to the legal and ethical obligation that doctors have to act in their patients' best interests and to prioritize their patients' well-being above their own interests or the interests of others. • This duty arises from the special relationship that exists between doctors and patients, in which patients place their trust in their doctors to provide competent and compassionate care.
  • 3. • Fiduciary duty includes a range of obligations, such as maintaining patient confidentiality, providing accurate and complete information to patients, obtaining informed consent for medical procedures, and avoiding conflicts of interest. • Doctors must also exercise their professional judgment and skills with care and diligence, and must refrain from actions or omissions that could harm their patients.
  • 4. • Breaching fiduciary duty can lead to legal and disciplinary consequences for doctors, including malpractice lawsuits, loss of licensure, and damage to their professional reputation. • Upholding fiduciary duty is essential for maintaining the integrity and trustworthiness of the medical profession, and for ensuring that patients receive the highest quality care possible.
  • 5. Group 1: Patient Autonomy • Dr. B is a psychiatrist who is treating a patient, Ms. S, who has been diagnosed with depression. • Dr. B recommends a course of treatment that includes medication and therapy. However, Ms. S expresses a preference for alternative treatments such as herbal remedies and acupuncture. • What should Dr. B do? Should he insist on the recommended course of treatment or respect Ms. S's preference for alternative treatments?
  • 6. Group 2: Fiduciary Duty and Social Media • Dr. N is a dermatologist, and Mrs. L is his patient. • Mrs. L posts a negative review of Dr. N on social media, claiming that he misdiagnosed her condition • The review is getting a lot of public attention and is affecting his reputation. • Dr. N want to respond to it with a detailed explanation of Mrs. L's condition, but it will reveal her personal information to the public. • What should Dr N do?
  • 7. Group 3: End-of-Life Care • Dr. G is an oncologist, and Mrs. J is his patient. • Mrs. J has terminal cancer and is nearing the end of her life. • Mrs. J has expressed a desire to die peacefully at home and take palliative care, but her family wants her to receive aggressive medical treatment. • Should Dr. G respect Mrs. J's autonomy and let her die at home, or should he honor the family's wishes?
  • 8. Group 4: The Duty to Provide Appropriate Care • Dr. J is a famous paediatrician who has a patient, B, who has been diagnosed with a rare condition that requires a specific medication. • Dr. J prescribes the medication, but due to a clerical error, the pharmacy dispenses the wrong medication, which causes severe adverse reactions in B. • What should Dr. J do? Should he take responsibility for the error and inform it to B’s parents, or should he try to cover up the mistake to protect himself and his reputation?
  • 9. Group 5: Fiduciary Duty to Maintain Confidentiality • Dr. A has been treating a girl R for depression, who is a plus-two student. • During one of their sessions, R discloses that she is sexually active with her boyfriend. • Dr A personally know R’s parents and they are devoutly religious. • Should Dr. A disclose R's sexual activity to her parents or keep it confidential?