The Definition of Legal Relationship Between A Patient and Physician

Abstract

In this article, the types of legal relationship between the patient and physician were analyzed. First of all, the approaches of the treatment contract is a type of sui generis contract, service contract and mandate contract were handled. Moreover the details of that approaches, decisions of courts and criticisms against these opinions were also given. Furthermore, the situations, where the treatment contract constitutes a contract for work, the cases that the physician behaves as an agency without authorization, and the behaviors of physician which are also tort, were discussed.

Keywords

• treatment contract, relationship between physician and patient, agency without authorization, tort, medical law