Ethics

I found myself sitting next to a cardiologist on a recent flight, which gave me a chance to ask a question that a student had asked me during legal ethics class: does a doctor have a legal duty to disclose medical malpractice to a patient?  (Our class had been discussing the Togstad case.  Lawyers do have a duty to disclose their own malpractice to the client.)

The cardiologist seemed to know what he was talking about, and told me that there is a moral duty but no legal duty to disclose medical malpractice to a patient, even if the malpractice occurred at a time and place when the patient would have no means for discovering it (e.g., during surgery).  His answer really surprised me and I wondered if any of our readers have insights on the issue.  Btw, the cardiologist added that there is presently a movement within institutions (hospitals, PPO/HMO plans, JAMA, etc.) to create such a legal duty.