THE PATIENT/PHYSICIAN RELATIONSHIP – HOW MIGHT IT BE FORMED?

Obviously, there must be a relationship of some sort between the patient and physician. That is, the patient cannot simply have called the physician’s office for the first time, been given an appointment, and then file a claim because he became appreciably worse in the intervening period.  A contractual relationship is necessary, but it clearly is not the same kind that is created when the patient goes to the electronics store for that must-have flat panel TV!

The contract that is required is most often implied, not expressed. This occurs when there is an implication from the actions of the parties that some agreement has been reached.  Therefore, unlike the purchase of a flat panel TV, it is much more difficult to define the existence, nature, and extent of a professional services contract. Usually, it begins with an agreement with respect to treatment.  The patient asks to be treated and the physician agrees to provide treatment.

But then you astutely ask – what constitutes treatment?  Good question!  Check again next month for an elaboration on this point.