Legal Characteristics of Physician and Patient Relationship

Fiduciary relationships require a bond of trust between the two parties, and a physician-and-patient relationship is not an exception to this type of relationship. In legal terms, confidentiality laws protect this relationship and ensure that everything takes place consensually. Especially with the power dynamics between the two, this law is essential. 

What Type of Relationship is a Doctor-Patient Relationship?

The relationship between a doctor and a patient cannot become more intimate. The non-romantic and non-sexual relationship based solely on mutual trust is called a DPR, which stands for "doctor-patient relationship." This relationship is developed when the doctor takes care of the patients medical needs. A good DPR needs the following:

  • Effective communication from both parties
  • Consent on the part of the patient
  • Healthy boundaries that neither party crosses

As well as all the above, empathy and trust are two essential values that the relationship between the doctor and the patient must have. A good diagnosis and treatment can be possible with a healthy DPR.

What are the Four Models of The Physician/Patient Relationship?

Essentially, there are four models of physician and patient relationships. As a result of Ezekiel Emanuel and Linda Emanuels four types of relationships, the following is a list of these types:

  • Paternalistic model: Limited patient participation. The doctor encourages the patient to give consent.
  • Deliberative model: The patient is encouraged to choose the best for them. 
  • Informative model: The doctor attempts to provide the patient with all the information regarding the condition.
  • Interpretative model: The doctor interprets the patients needs and gives information accordingly.

These four types help to determine the kind of relationship that the patient and the physician should have at different times. For instance, a paternalistic model is generally used when the time spent taking consent is crucial. 

What are the Key Ethical Issues Related to The Doctor-Patient Relationship?

Over the years, numerous codes of ethics have been developed to maintain a healthy relationship between doctor and patient. These codes are mentioned in the Hippocratic Oath, which most medical professionals take before starting their careers. In addition, some ethical principles were developed by the Medical Council of India. Although these codes have been adopted throughout India, they apply to doctors worldwide.

The ethical issues related to the doctor and patient relationship mainly stem from the power dynamic between the two. In this relationship, the doctor has authority over the patient, which means that the party that should be giving consent is the patient. The doctor is, then, in the position to abuse this consent, which is never preferable.

The patient also has an obligation to give accurate information to the doctor. No doctor may refuse treatment out of an arbitrary decision, so the patient has to be trustworthy enough to provide the physician with the proper information about their state and conclusions. 

How are Law and Ethics Essential to Healthcare Practitioners?

Law and ethics are essential to health care practitioners to prevent an improper situation from happening. For example, it should be submitted to the informed consent party when the patient requests it. This means the patient has the right to know everything about his condition before deciding.

In addition, a patients vulnerability must be respected by the health care practitioner, as it can cause unpleasant situations. A relationship of trust between the doctor and the patient is essential. If the doctor or patient feels that the relationship of trust has been abused, they can seek legal aid at any point.

What are Some Legal Aspects of Healthcare?

Legal aspects of healthcare depend on different types of working classes. While some health laws affect nurses, some affect physicians. Furthermore, there are different types of laws that affect the patient as well. These types of legal situations are established to protect healthcare professionals as well as patients. 

What Types of Laws or Other Legislation Affect Healthcare Practitioners?

We have established that the types of legislation are put forward to protect the legal rights of both parties in the doctor-patient relationship. Some of these laws are as follows:

  • HIPAA Health Insurance Portability and Accountability Act
  • False Claims Act
  • Stark Law
  • Anti-Kickback Statute

To learn more about the laws regarding healthcare practices, you can contact ER&GUN&ER Law Firm and benefit from their extensive knowledge of the law and legal affairs in these areas.

Rights of Patients

As a patient, the individual has access to many different rights. So, when faced with a lawsuit, the patient can take advantage of these legal privileges. Some of the rights of patients are as follows:

  • The patient has the right to be informed adequately about their situation; thus, they can choose based on this information.
  • Choosing the physician the patient wants treatment with is one of the patients rights.
  • Every patient has the right to access religious solace during their medically challenging times.
  • All patients have the right to demand equal service regardless of race, language, sexual orientation, gender, political opinion, social conditions, or sex.
  • Patients have the right to access privacy about their medical situation.

For further information, you can contact professional attorneys in Istanbul Law Firm. The contact information can be found in the related section of the website. 

Rights of Medical Personnel

In addition to patient rights, the rights of health personnel are guaranteed legally. Healthcare practitioners can benefit from various laws that protect them in the legal area. Some of these laws are:

  • Every medical personnel has the right to expect respect from the patient and their relatives. 
  • Healthcare practitioners have the right to ask for collaboration from other medical professionals within their field.
  • If certain situations arise, healthcare providers can leave treatment in half or reject a patient altogether.
  • No healthcare professional has to guarantee full recovery because this might not be possible due to situations that may arise outside of their control.

To learn more about medical personnels rights, you can contact ER&GUN&ER Law Firm. With our professional health and malpractice lawyers, we are here to help you through all the legal processes regarding the healthcare area.

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