Public Health Law Map - Beta 5 - Medical and Public Health Law Site

fiduciary relationship, as is the
relationship of trustee to the
beneficiary of a trust. Most states
hold that the physician– patient
relationship is a fiduciary
relationship. A fiduciary is bound to
act in the client/patient’s best
interests even if it is against the
fiduciary’s interests. Most important,
the fiduciary must avoid conflicts of
interest. The safe harbor
regulations, while viewed as overly
restrictive by some physicians,
merely reflect traditional fiduciary
law.
First Impression A case that presents issues in
controversy for which there is no
prior judicial precedent.
Forensic The investigation, preparation,
preservation, and presentation of
medical evidence and opinion in
court.
Foreseeability The degree to which a reasonable
person would expect a given injury
to follow from a specific action.
While defendants are liable for
unexpectedly severe injuries (thin
skull rule), they are not necessarily
liable for injuries that are too remote
from the negligent action. The classic
example is the physician who saves
the life of a baby who later becomes
a bank robber. While it is logically
correct that, had the physician not
saved the baby’s life, there would
have not been a bank robbery, the
physician is not liable for the bank
robbery.
Fraudulent
Concealment
Hiding or suppressing a material fact
or circumstance that the party is
legally or morally bound to disclose.
Fungible Items that are so similar to one
another that a consumer does not
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