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72 Emory L.J. Online 1 (2022-2023)

handle is hein.journals/emyon72 and id is 1 raw text is: UNLIMITED MEDICAL LIABILITY? Jessica L. Roberts* Leah R. Fowler** Paul S. Appelbaum* ABSTRACT Pursuant to the standard account of the law, physicians only owe special legal duties within the confines of an established treatment relationship. However, this well- accepted adage of black letter medical malpractice law does not, in fact, reflect reality. Indeed, the physician-patient relationship is rarely well-defined, and perhaps more troublingly courts have been willing to find liability outside of its boundaries. This Essay scrutinizes the notion that doctors have heightened legal obligations solely to their current patients. It concludes that physicians may be liable for far more conduct than the conventional account implies. It ends by suggesting ways to cabin this potentially unlimited liability. Leonard H. Childs Chair in Law, Director of the Health Law & Policy Institute, Professor of Law, and Professor of Medicine (by courtesy), University of Houston. Thank you to Valarie K. Blake, Wendy K. Chung, Ellen Wright Clayton, Barbara J. Evans, Valerie Gutmann Koch, and Gary E. Marchant for comments on earlier drafts and to Farhan Mohiuddin for outstanding research assistance. This project received funding from NIH Grant 1R01HG010365, Development of Recommendations and Policies for Genetic Variant Reclassification. Research Assistant Professor, University of Houston Law Center, and Research Director, Health Law & Policy Institute. ** Elizabeth K. Dollard Professor of Psychiatry, Medicine & Law, Director of the Center for Law, Ethics & Psychiatry in the Department of Psychiatry, Columbia University.

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