Should Australian equity recognise doctors as fiduciaries?

Doctors unquestionably occupy a position of trust with respect to their patients. Since Breen v Williams (1996) 186 CLR 71, however, Australian equity has – with some limited exceptions – refused to recognise doctors as fiduciaries. The present article argues that when patient trust is violated – such as when doctors refuse to provide access to medical records, sexually exploit patients, fail to disclose medical error, or fail to disclose medical research conditions – fiduciary redress should be available.