Aspects of Contractual Relations in Healthcare

نویسندگان

چکیده

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

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ژورنال

عنوان ژورنال: Socrates

سال: 2022

ISSN: ['2256-0548', '2661-5509']

DOI: https://doi.org/10.25143/socr.24.2022.3.091-105