Physicians and cost containment : issues of disclosure

This thesis explores the scope of physicians' legal and ethical duties of disclosure in an era marred by decreasing available medical resources. Using three hypothetical case scenarios, it examines the scope of physicians' obligations to disclose information about medical interventions that patients might wish to consider but that are not available in their immediate community.The legal analyses focus on Canadian and Quebec law. Discussion of the ethical considerations centres on the concept of 'benefit' and issues of 'communication' and 'trust' in the physician-patient relationship. It integrates, as well, empirical knowledge about patients' desire for information and participation in decision-making. The thesis demonstrates the broad scope of the legal and ethical disclosure obligations that physicians owe patients, regardless of conditions of economic scarcity. It further highlights areas where law and ethics would suggest different conclusions with respect to disclosure obligations