Climate Change Project

Table of Contents



Fiduciary Duty

(also see: Consent / RICO /HMO

A fiduciary duty is the duty to look out for the interests of a third party, even if they conflict with your own interests. It is fundamental to the physician patient relationship.

Physicians and their Profession- Do Racketeering Rules Apply? - An article on use of the common law fiduciary duty as a predicate act for health care RICO.

The Shea Cases - Court rejects financial conflicts evidence in Shea med mal case - Shea v. Esensten, 622 N.W.2d 130 (Minn.App. 2001) - Suing physicians for negligent misrepresentation of MCO conflicts of interest - Shea v. Esensten, No. 99-1388 (8th Cir. 03-31-2000) - Managed Care Contract Violates Fiduciary Duty - Shea v. Esensten, 107 F.3d 625 (8th Cir.1997) (but see: Supreme Court Rules on Suing MCOs Under ERISA - Pegram v. Herdrich, 530 U.S. 211, 218, 120 S.Ct. 2143, 147 L.Ed.2d 164 (2000))

Fiduciary duty of health care providers - Garcia v. Coffman, 124 N.M. 12, 946 P.2d 216 (N.M.App. 06/17/1997) (chiropractor malpractice)

Union representative owes fiduciary duty to the union and members - Pennsylvania Nurses Ass'n v. Pennsylvania State Educ. Ass'n, 90 F.3d 797 (3d Cir. 1996)

Fiduciary duty of a commercial surety - Associated Indemnity Corporation v. Cat Contracting, Inc., 918 S.W.2d 580, 595 (Tex. App. 1996)

Ex-parte discussions with plaintiff's treating physician - Brandt v. Medical Defense Associates, 856 S.W.2d 667 (Mo. 1993)

Breach of fiduciary duty as fraud (wire fraud/RICO) - Carpenter V. United States, 484 U.S. 19 (1987)

Employee of non-profit business has a fiduciary duty to the employer - Las Luminarias of the New Mexico Council of the Blind v. Isengard, 92 N.M. 297, 587 P.2d 444 (N.M.App. 1978)

Disclosure as a fiduciary duty for physicians - Hunter v. Brown, 4 Wash. App. 899, 484 P.2d 1162 (Wa.App. 1971)

Consent as a fiduciary duty - Moore v. Webb, 345 S.W.2d 239 (Mo.App. 1961)


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