Medical Professionals Who Treat Patients Differently Based on Politics Could Be a Breach of Fiduciary Duties

Santa Clarita dentist Dr. Harleen Grewal posted a video on TikTok in which she mocks patients who don’t share her support of Donald Trump. During the video, she describes the visceral reaction some patients have when they see her “Wall of Fame” featuring photos of Republican leaders and members of Trump’s orbit. When people complain about the price of her services, she asks them, “How’s Bidenomics working for you?”

Dr. Grewal also mentions during the video that “I have a secret that I use sometimes. It says, ‘Make your smile great again, I wear that when I work on my patients so when they look horrified or complain, I quietly cut back on the laughing gas and say, ‘You got this. It’s not as bad as you think it is.’”

Dr. Grewal has promoted herself as the “MAGA Dentist,” not just on her personal social media but also for her business, Skyline Smiles.

Denial of a Service Does Not Constitute Free Speech

Professionals have a right to free speech as everyone else does. However, actions in violation of a fiduciary duty would not constitute free speech. A professional is free to express any political preference she wants in her personal and professional capacity. A professional can decorate their office however they want. However, a professional cannot knowingly harm or deny service to any of their patients regardless of their political differences. That would constitute an action by a professional, not a form of free speech.  

Professionals Owe Fiduciary Duty to All Their Patients

Political discrimination is not prohibited under the federal Civil Rights Act. California does have laws against political discrimination, though such laws are not always enforced. However, every state has laws that impose a fiduciary duty on dentists and other medical professionals. 

A fiduciary duty is the highest standard of duty that can be imposed by the law. A fiduciary is required to act solely in the best interest of another party. A lawyer is required to act in the best interests of their clients. Medical professionals are required to act in their patients’ best interests.

The fiduciary duty is owed to each individual client/patient. It would be a violation of a fiduciary duty if a professional either directly harmed a client or patient or knowingly failed to help them. Failure to provide a service based on the patient’s politics would be a violation of this fiduciary duty. A professional who violates a fiduciary duty is potentially subject to a medical malpractice lawsuit and/or suspension of a professional license.

Do I Need the Help of a Personal Injury Attorney?

If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.