Aspects of Contractual Relations in Healthcar

Marina Loseviča, Aigars Laizāns, Inga Kudeikina

    Research output: Contribution to journalArticlepeer-review

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    Abstract

    The article aims to determine the scope and limitations of ethical duties and legal
    responsibilities of the medical practitioner within the professional-patient relationship
    (PPR), identify shortcomings of the legal framework and gaps in ethical principles, and
    propose solutions to them.
    It argues that in private law the healthcare shares many similarities with conractual law; therefore, the legal basis for physician-patient relationship is the special
    legal capacity of the contract parties and their free will, but ethical basis ‒ their
    good faith.
    One important finding is that physician right and obligation to refuse is an aspect
    of patient safety and quality of healthcare and has to be acknowledged by ethics and
    stipulated by law. In addition, it detects that medical professionals are ethically and
    legally vulnerable and need special protection. All this calls to carving out the proper
    place of medical practitioners’ professional autonomy and freedom in current legal
    regulation.
    Used materials include literature and scientific publications on clinical and research
    bioethics, contractual and medical law, regulatory enactments, court judgments. Methods used in the study include descriptive, analysis, synthesis, dogmatic, induction and deduction; legal interpretation methods such as grammatical and systemic.
    Original languageEnglish
    Pages (from-to)91-105
    Number of pages14
    JournalSocrates
    Volume24
    Issue number3
    DOIs
    Publication statusPublished - Dec 2022

    Keywords*

    • patient’s rights
    • physician’s rights
    • physician’s autonomy
    • professionalpatient relationship
    • right to refuse
    • medical liability

    Field of Science*

    • 5.5 Law

    Publication Type*

    • 1.2. Scientific article included in INT1 or INT2 category journal of ERIH database

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