Forbes May 28, 2024
What happens when the legal system requires that physicians report certain medical diagnoses to the state?
In some cases, this is uncontroversial. For example, all 50 states require treating physicians report cases of suspected child abuse to the authorities. Children by their very nature lack full capacity to advocate or protect themselves from abuse by parents or legal guardians. Thus, both the medical community and the legal community generally recognize such mandatory reporting laws as part of protecting the affected child’s individual rights.
(There can be thorny issues with respect to whether specific cases rise to the threshold of requiring a report to the state. But I agree with the general principle.)
Other reporting requirements are more controversial. For example,...