Freedom of Contract and Informed Consent as Part of Contract for Healthcare Services

Abstract

Relationships between patient and physician did not possess a clearly-established form until the late 19th century, being primarly based upon a reciprocal trust. In terms of contemporary civil law, relationship between the patient and the physician or a hospital is based upon a contract for medical services. Thus, liability of the physicians for negligence within exercising their duties is either based on contract (in case such contract is concluded by the parties), or on tort (when there is no such contract). This study discusses freedom of contract with the focus of the patient’s informed consent as a part for a contract for medical services between the patient and a physician or a hospital. The aim of this article is to discuss doctrinal views of patient-physician relationships and the informed consent as an inalienable part of a contract for medical services.