Apart from the interesting issues raised about provider duties to investigate surrogate representations, the Noval v. Kaiser case is also notable because Kaiser ethicist, Dan Wilson, is named as a separate defendant. This does not happen too often. Last year, I was able to identify only a handful of instances in which an ethics committee or ethics consultant had been separately named as a defendant in civil litigation. "Legal Briefing: Healthcare Ethics Committees," 22(1) J. CLINICAL ETHICS 74-93 (2011). Corey Perry and colleagues did not find any additional cases as of the October 2011 ASBH meeting (Session 206). I posted a copy of the Complaint here.
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