Document Type

Working Paper

Publication Date

7-18-2012

SSRN Discipline

Legal Scholarship Network; Law & Society eJournals; Law & Society: Private Law eJournals; LSN Subject Matter eJournals; Humanities Network; Health Economics Network; Health Law eJournals

Abstract

Discusses the need for a duty to disclose showing that the medical community does not effectively selfregulate in this area Emphasizes the importance of such a duty in light of the inherent inequality between patients and doctors Establishes the plausibility of the duty to disclose in order to enable the patient to take corrective action or sue for redress Outlines the prima facie case for and defenses to an action for breach of the duty to disclose medical errors Anticipates objections to such a duty and responds to them

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