Professor Alberto Bernabe -
The John Marshall Law School
Tuesday, May 18, 2010
Liability to failure to prevent sexual misconduct?
Here is a link to a story about a doctor who is currently facing hundreds of criminal accusations and torts claims over inappropriate sexual conduct with patients while other doctors knew or should have known about it and did nothing. According to the reports, under Delaware law, physicians who "reasonably believe" another doctor has been involved in misconduct or could be unfit to practice medicine have a duty to report this to a disciplinary board. Should there be liability on the doctors who failed to take action?