Breach of Fiduciary Duty

Breach of Fiduciary Duty - Graflage 1 Breach of Fiduciary...

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
Graflage 1 Breach of Fiduciary Duty Chris Graflage November 24, 2009 MGT-218-05 Professor Boone
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Graflage 2 A woman under the alias of “Jane Doe” received surgery to remove excess skin caused by major weight loss from her torso. The surgery was done by Body Aesthetic Plastic Surgery and Skin Care Center Inc., in Creve Coeur, Missouri. There are three partners in the business: Drs. V. Leroy Young, Robert Centeno and C.B. Boswell. There were before and after photos taken of the woman’s torso to show her results. These photos were given to the Riverfront Times, a local newspaper in St. Louis, Missouri. On April 19, 2006 the Riverfront Times put the photos in an article which discusses cosmetic surgery. The article focused on Dr. Young and included two photos of Jane Doe’s torso. The three doctors do not remember who gave the Riverfront Times reporter the photos but they admit that they all agreed to give the reporter the photos. She was not aware of this article until a year after it was published. She was given a copy from her lawyers in a meeting dealing with a malpractice case regarding the same surgery. The issues at hand are did the defendants breach their fiduciary duty to Jane Doe, and did the defendants violate Jane Doe’s right to privacy? “A fiduciary duty is an obligation to act in the best interest of another party.” 1 Breach of fiduciary duty is a 1 "Breach of Fiduciary Duty Law & Legal Definition." US Legal . US Legal, Inc, Web. 23 Nov 2009. <http://definitions.uslegal.com/b/breach-of-fiduciary-duty>.
Background image of page 2
Graflage 3 tort, a civil wrong. It is a concept that is separate from the traditional professional negligence. A fiduciary duty is the highest standard of care. Duty of loyalty, honesty, integrity, trust, and confidence is owed by the fiduciary to the client/patient. The elements of a cause of action for breach of fiduciary duty consist of three basic elements. The elements are: (1) an existence of a fiduciary duty; (2) breach of that duty; and (3) damages caused by this breach. 2 (1) The fiduciary duty exists when the relationship involves trust, confidence, and relies on the fiduciary to exercise his/her judgment or expertise in acting for the client. 3 In the case being described in the article there is a physician-patient relationship. The relationship between physician-patient always involves trust, confidence, and relies on the fiduciary (physician) to exercise their judgment in acting for the patient. Therefore, in this instance, there is a fiduciary relationship. The rationale for the existence of a fiduciary duty between physician and
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 05/02/2011 for the course MGT 218 taught by Professor Laurelboone during the Spring '10 term at Saint Louis.

Page1 / 9

Breach of Fiduciary Duty - Graflage 1 Breach of Fiduciary...

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online