McDonald Merrill Ketcham Award Lecture: “Are Physicians Fiduciaries for Their Patients?”

Thursday February 20, 2014
12:45 – 3:45 p.m.
Wynn Courtroom, Inlow Hall

Maxwell J. Mehlman, J.D., will present “Are Physicians Fiduciaries for Their Patients?” from 12:45 to 1:45 p.m. A panel discussion, then reception will follow the lecture.

A fiduciary is a legal or ethical relationship of trust between two or more parties. The patient-physician relationship would seem to be a classic example of a fiduciary relationship given the need for ill-informed patients lacking bargaining power to trust their physicians, but many scholars and judges have questioned this assumption. The lecture examines the reasons for their skepticism and argues that they are misguided. Mehlman argues that regarding doctors as fiduciaries for their patients not only is essential for the patients’ well-being, but necessary to preserve the physicians’ status as learned professionals in the face of increasing pressure to act contrary to their patients’ interests.

A speaker’s reception will be held from 2:45 to 3:45 in the Inlow Hall atrium. This event is part of the McDonald Merrill Ketcham Award Lecture series presented by the Hall Center for Law and Health at the IU Robert H. McKinney School of Law.

This is a free event, but registration is required.

Panel Discussion following Professor’s Mehlman’s lecture:

  • Mary Ott, M.D., M.A., Associate Professor of Pediatrics, Indiana University School of Medicine
  • Joshua Perry, J.D., M.T.S., Assistant Professor of Business Law and Ethics and a Life Sciences Research Fellow, Indiana University Kelley School of Business
  • Mark Rothstein, J.D., Herbert F. Boehl Chair of Law and Medicine, University of Louisville Louis D. Brandeis School of Law, and Director of the Institute for Bioethics, Health Policy, and Law, University of Louisville School of Medicine

Mehlman is a Distinguished University Professor and Petersilge Professor of Law at the Case Western Reserve School of Law and and professor of biomedical ethics at Case Western Reserve School of Medicine. He is also director of the Law-Medicine Center at the Case Western Reserve University. Panel discussion participants are Mary Ott, M.D.,associate professor of pediatrics at the IU School of Medicine; Joshua Perry, J.D., assistant professor of business law and ethics and a life sciences research fellow at the IU Kelley School of Business at Bloomington and Mark Rothstein, J.D., Herbert F. Boehl Chair of Law and Medicine and director of the Institute for Bioethics, Health Policy, and Law at the University of Louisville.