Here is the synopsis of our sample research paper on Managed Health Care & Physicians: Traditional legal
fiduciary duty, or limited duty of fidelity?. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
(20pp) Managed health care has presented problems
to both physicians and patients. This discussion
examines major issues and possible changes. The
nature and the duty of physician -patent
relationship between a traditional legal fiduciary
duty and a limited duty of fidelity will also be
analyzed. Bibliography lists 11 sources.
Page Count:
20 pages (~225 words per page)
File: D0_BBmcPhyR.doc
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be analyzed. Bibliography lists 11 sources. BBmcPhyR.doc MANAGED HEALTH CARE & PHYSICIANS: Traditional legal fiduciary duty or
Limited duty of fidelity? Written by B. Bryan Babcock for the Paperstore, Inc., November 2000 Introduction Verba Fortius Accipiuntur Contra Proferentem" (Words are to
be taken most strongly against him who uses them.) Traditional Legal Fiduciary According to history, traditional legal fiduciary is a wonderful way of saying, "payment for services rendered." Most
of us would have no trouble with that definition in any arena, however in the complex, information based society where most of us reside, it no longer seems quite that
easy. "The managed care system of delivering medical benefits has not only altered the way physicians provide care, but also drastically changed the landscape in health care law," said
Mark O. Hiepler, Esq, a plaintiff attorney and partner in the firm of Hiepler & Hiepler, Oxnard, California. Hieplers firm is developing the theory of breach of fiduciary duty as
a legal cause of action against physicians and managed care organizations. According to Frenster (1998), the doctor-patient relationship epitomizes a fiduciary relationship, he said, because patients must rely on
their doctors fidelity and integrity to put their medical needs ahead of the doctors financial interests. "The most significant shift in the health care litigation environment stems from the change
from retrospective to prospective claim review," Hiepler said. With retrospective review, the doctor and the patient made a treatment decision, the patient got the treatment, and if there was
a lawsuit, it was usually over who would cover the treatment costs. These cases were, in essence, business litigation cases over paying for the referral to a specialist or university
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