*244 IV. Physician Liability for Violating Professional Duties

If we understand biased medical decisions as violating a physician's professional and ethical obligations to her patients, does any effective legal remedy exist? This Part will consider whether the law of medical malpractice, informed consent or fiduciary duty might provide an avenue of legal recourse to a patient whose physician's treatment recommendation was biased. The argument that a biased medical decision theoretically violates a physician's professional duties to a patient, is fairly straightforward. Proving in court that a particular decision was in fact biased, causing the plaintiff compensable harm, is likely to be more difficult.