Revisiting Breen v Williams: Breathing Life into a Doctor-Patient Fiduciary Relationship

This article considers whether the doctor-patient relationship should be classed as a fiduciary relationship. It considers the general principles surrounding fiduciary obligations, and establishes criteria around which the question of a doctor-patient fiduciary relationship is discussed, namely workability and necessity. In particular, this article discusses the types of conflicts of interest that arise in medical practice as well as the Australian regulatory framework in respect of the medical profession.