Ethics of Doctor-Patient Relationship
Overview
The doctor-patient relationship is a fiduciary relationship where the doctor provides medical care and advice to the patient, who relies on the doctor’s expertise and trustworthiness.
The doctor-patient relationship is built on trust, respect, and communication. It involves a complex interplay of rights and responsibilities between doctors, patients, and other healthcare staff.
Rights and Responsibilities
Doctor
Rights
- To provide medical care according to their professional judgment
- To refuse treatment in certain circumstances (e.g., if it's outside their expertise)
- To maintain patient confidentiality
Responsibilities
- To provide competent and compassionate care
- To disclose relevant information about the patient's condition and treatment options
- To obtain informed consent before treatment
- To maintain patient confidentiality and respect their autonomy
Patient
Rights
- To receive accurate and unbiased information about their condition and treatment options
- To make informed decisions about their care
- To confidentiality and privacy - To access their medical records
Responsibilities
- To provide accurate and complete information about their medical history and symptoms
- To follow the treatment plan and instructions
- To respect the doctor's time and expertise
- To communicate openly and honestly with their doctor
Other Staff Who Work with the Doctor:
Other healthcare staff, such as nurses, administrative staff, and medical assistants, have a responsibility to:
- Maintain patient confidentiality and respect their privacy
- Follow proper protocols for handling patient information and medical records
- Provide support and care to patients according to their role and expertise
These staff members should only have access to patient information on a need-to-know basis, and they should be trained on maintaining confidentiality and handling sensitive information.
When Can a Patient Take Legal Action Against the Doctor?
A patient can take legal action against a doctor if:
- There is a breach of duty of care (e.g., negligence, misdiagnosis, or failure to obtain informed consent)
- There is a violation of patient confidentiality or privacy
- The doctor or other healthcare staff have acted with recklessness or intent to harm
If other non-medical staff know about a patient’s medical records without proper authorization or need-to-know, it can be considered a breach of confidentiality and potentially lead to legal action.
Consequences
Breach of Duty of Care by a Doctor and Consequences
A breach of duty of care occurs when a doctor fails to meet the standard of care expected of a reasonably prudent doctor in similar circumstances. This can include:
- Negligence or carelessness in diagnosis or treatment
- Failure to obtain informed consent
- Failure to maintain patient confidentiality
- Abandonment of a patient
Consequences of a breach of duty of care can include:
- Medical malpractice lawsuits
- Disciplinary action by medical boards or professional organizations
- Damage to the doctor's reputation and loss of trust with patients
- Financial compensation to the patient or their family
The doctor-patient relationship is built on trust, respect, and communication. Both doctors and patients have rights and responsibilities that are essential to maintaining a positive and effective relationship. Other healthcare staff also play a crucial role in supporting patients and maintaining confidentiality. By understanding these principles, we can promote high-quality care and respect the autonomy and dignity of patients.
Malpractice Lawsuit Against a Doctor for Allowing an Orderly Access to Patient’s Medical Records.
A patient, Jane Doe, visits her primary care physician, Dr. Smith, for treatment of a sensitive medical condition. During her visit, Dr. Smith’s office staff, including an orderly, John, are present in the office. Unbeknownst to Jane, Dr. Smith allows John to access Jane’s medical records without her consent, allegedly for “administrative purposes.”
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