PHIL 3040 Lecture Notes - Lecture 13: Doctor Shopping, Punitive Damages, Fiduciary

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This case is about a women, laura norberg, who brought a suit against a suit against the respondent, dr. morris wynrib, for damages arising from an abuse of the doctor patient relationship. She became addicted to the painkillers and to get the drug she engaged in double doctoring. One of the doctors was wynrib, who became aware of norberg"s condition but instead of treating her addiction he offered her a drug in exchange for sexual favour. The trail judge rejected all charges of sexual assault, negligence, and breach of fiduciary duty because the appellant consented to doctors sexual proposal and there was no force or threat of use of force. The judge ruled that norberg was not injured by the breach but accepted that their relation was a fiduciary one. The doctor, however had (dishonorable cause an action does not arise) which means that no one can benefit from their illegal act.

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