VolumeVol. 56 • Number No. 4 • October - December 2018 Back

Legal Prescription

A Physician has the Right to Terminate His Professional Relationship with a Patient

Authors: Rodel V. Capule

DOI: 10.65564/pjim.7fb34a795e

Date of Publication: December 2018


Abstract

The physician-patient relationship is a consensual and contractual bond formed when a patient seeks medical care and the physician accepts the responsibility of providing it. While physicians retain the freedom to choose whom to treat, such discretion must never be exercised with discrimination. Once the relationship is established, withdrawal is no longer solely the physician’s decision and may only occur for valid reasons, such as abusive behavior or non-compliance, and always with adequate notice to prevent abandonment. Distinctly, emergencies may compel a physician to render care when no personal risk is involved. This paper underscores the ethical, legal, and professional duties that govern the establishment, continuation, and proper termination of the physician-patient relationship.


References

  1. Section 2, Article II, “Duties of Physicians to their Patients”, Code of Ethics of the Philippine Medical Association
  2. The provisions of the”Philippine AIDS Prevention and Control Act of 1998”[R.A. no. 8504] state the following: a.  “Discrimination in all its forms and subtleties, against individuals with HIV or persons perceived or suspected of having HIV shall be considered inimical to individual and national interest.” Section 2(b)(3). b. “Discrimination in hospitals and health institutions. — No person shall be denied health care service or be charged with a higher fee on account of actual, perceived or suspected HIV status.” Article VII, section 40
  3. Article 1, section 1, Code of Ethics of the Philippine Medical Association
  4. Section 3, Article II, “Duties of Physicians to their Patients”, Code of Ethics of the Philippine Medical Association
  5. Section 24, R.A. no. 2382 “Medical Act of 1959”
  6. Sparr LF, Rogers JL, Beahrs JO, Mazur DJ: Disruptive medical patients-Forensically informed decision making. West J Med 1992 May; 156:501-506
  7. Ericka L. Adler, http://www.physicianspractice.com/abusive-patient-behavior-physicians-have-rights-too
  8. “Disruptive Patient Behaviour: Balancing Patient’s Rights and Protection for California Emergency Workers”; Journal of Health Care Finance, 2017 www.HealthFinanceJournal.com
  9. McManus v. Donlin, 127 N.W.2d 22 (1964) Italics supplied.
  10. Lee v. Dewbre, 362 S.W.2d 900 (1962) Italics supplied.
  11. Brandt v. Grubin, 329 A.2d 82, (1974) Italics supplied.