'Dissembling and Disclosing: Physician Responsibility on the Frontiers of Tort Law'

12 Pages Posted: 29 Oct 2008

Date Written: October 24, 2008

Abstract

This Commentary addresses an issue that emerges as a common theme in dealing with legal considerations in advising physicians: Are there circumstances in which telling "less than the whole truth" is warranted? I discuss two categorical instances in which a physician's responsibility to be entirely forthcoming in dealing with medical matters, as well as the correlative legal consequences of abandoning candor, have proven to be especially vexing. Initially, I discuss "the blameless medical excuse" in organ transplant cases; more specifically, the common practice of providing prospective organ transplant donors a medical excuse as a cover for their unwillingness to donate an organ to a family member or close friend. I then turn from questions of dissembling the truth to compunctions about revealing it. The latter survive as a lively, ongoing dialogue in both the medical and legal arenas, in the context of the role of apology for medical negligence. I conclude with some summary observations about physician disclosure and its fit within a regime of medical malpractice law.

Suggested Citation

Rabin, Robert L., 'Dissembling and Disclosing: Physician Responsibility on the Frontiers of Tort Law' (October 24, 2008). DePaul Law Review, Vol. 57, p. 281, 2008, Stanford Public Law Working Paper No. 1289464, Available at SSRN: https://ssrn.com/abstract=1289464

Robert L. Rabin (Contact Author)

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States
650-723-3073 (Phone)
650-725-0253 (Fax)

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