The Digital Doctor-Patient Relationship: Imposing Heightened Duties on Femtech Apps

The rapid rise of femtech apps has transformed the landscape of reproductive health, offering users access to information and services that were traditionally the domain of medical professionals. These apps, ranging from menstrual tracking to fertility planning tools, often position themselves as indispensable companions for users navigating critical health decisions. Yet, the legal frameworks governing these apps fail to account for the sensitive nature of the user-developer relationship, leaving users vulnerable to inaccurate guidance, data misuse, and inadequate recourse in cases of harm. This essay argues that femtech app developers often assume roles akin to medical providers, creating relationships with users that parallel those traditionally recognized as "special relationships" under the law.

Such relationships, historically codified in contexts like doctor-patient and attorney-client interactions, impose fiduciary duties that ensure heightened accountability. Femtech apps, by collecting deeply personal health data and influencing users' decisions, replicate the dependency and trust that define special relationships. Consequently, this essay explores the arguments for and the implications of legally recognizing a similar fiduciary duty for femtech app developers, bridging the gap between technological innovation and ethical responsibility.