What are the duties of a doctor in the fiduciary relationship with a patient?
Alberta, Canada
The following excerpt is from German v. Alberta, 2009 ABQB 558 (CanLII):
The doctor/patient relationship is fiduciary in nature, and consequently, certain duties arise from that special relationship of trust and confidence. These include the duties of the doctor to act with utmost good faith and loyalty, to hold information received from or about a patient in confidence, and to make proper disclosure of information to the patient, McInerney v. MacDonald, 1992 CanLII 57 (SCC), [1992] 2 S.C.R. 138.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the duty of confidentiality owed by a doctor to a patient to the patient? (Alberta, Canada)
What is the test for a fiduciary relationship where the beneficiary is a beneficiary of the fiduciaries' trust? (Alberta, Canada)
Is an employee’s duty not to compete during the notice period inconsistent with the law concerning fiduciary duties? (Alberta, Canada)
Can a fiduciary or passive trustee of an estate be sued for loss of funds by a broker who had no knowledge of the breach of fiduciaries duties? (Alberta, Canada)
Can a fiduciary relationship arise as a matter of fact out of the specific circumstances of a particular relationship? (Alberta, Canada)
In a medical malpractice case, is a doctor permitted to refer to a patient’s medical chart containing information that is not relevant to the patient? (Alberta, Canada)
Does a doctor have a duty to disclose information to a patient? (Alberta, Canada)
What is the fiduciary duty of an individual in a relationship where there is no written agreement or binding agreement? (Alberta, Canada)
Does a medical doctor have a duty to inform a patient of the possible risks of treatment? (Alberta, Canada)
Can a nurse be terminated for ingesting methadone belonging to a patient after which he continued to treat the patient? (Alberta, Canada)
