The Salient Principles of Medical Law

Medical law is a species of healthcare law. It main objectives are to regulate the Medical profession and to protect, promote and above all to support the relationship between the doctor/ hospital and the patient. The doctor/hospital-patient relationship has been and remains a keystone of care. This relationship is the context in which data is gathered, diagnoses and plans are made, compliance is accomplished, healing, patient motivation, and support are provided.

The relationship between a doctor and his or her patient is created when the patient knowingly seeks the services of the doctor, and the doctor accepts him or her as a patient. The relationship is consensual and mutual, and often described as “contractual.” Once created, the relationship imposes legal obligations and duties on the doctor , so it is important to understand when the relationship begins and when it ends. The doctor-patient relationship is created by mutual consent that maybe express or implied. For example, an unconscious accident victim who is brought to the emergency room is not “knowingly” seeking the services of a doctor. Yet, the relationship is created when the ER doctor begins treatment. Mutual consent is implied in this case. The express terms will included the duty of care to be exercised by the doctor, terms of payment, program to be followed and obtaining consent. The doctor – patient relationship creates more than a special bond between doctor and patient. It not only imposes an ethical and a legal obligation but serves as the foundation for the entire legal and ethical framework within which a doctor’s works.