Patients’ Duties in the Legal and Ethical Relationship between Patient and a Physician

Sjeničić, Marta (2016) Patients’ Duties in the Legal and Ethical Relationship between Patient and a Physician. In: Konferenčni zbornik : 25. posvet Medicina in pravo : Razmerje med pacientom in zdravnikom, (18.-19. marec 2016, Maribor, Slovenija). Medicine, Law & Society . Univerza v Mariboru, Pravna fakulteta ; Medicinska fakulteta, Maribor, pp. 75-88. ISBN 978-961-6399-76-0

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Abstract

Person requiring medical treatment is obliged to do everything possible to enable it. European legal theory considers patients’ duty to comply, as subsidiary contractual obligation, comparing to obligation of fee payment. Patients’ compliance isn’t real legal obligation, but duty in his own interest. It is owed, but not actionable, nor can it be forced in other way. Duties to comply are, in European legal theory, divided into two basic groups. First encompasses duties which serve to successful treatment. Other group encompasses duties of patient to reduce or remove damage that has already occurred. Anglo-Saxon theory considers patients’ duties, very often, as duties towards other patients, medical personnel and society. By using public funds, legally capable patients have the obligation to act in appropriate manner. Patients’ duties towards others, society and himself are, very often, in these systems, observed through prism of the profitability of patients’ treatment.

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