Legal Vs Social Relationship Between Doctors and Patients

• Published in: Društvene i humanističke studije (Online) Vol. 7; no. 1(18); pp. 421 - 432
• Main Authors: Brkić, Harun, Brkić, Emina
• Format: Journal Article
• Language: Bosnian; English
• Published: University of Tuzla, Faculty of Humanities and Social Sciences 04.03.2022
• Subjects: contractual; legal; partnership; paternalistic; social
• ISSN: 2490-3647; 2490-3604; 2490-3647
• DOI: 10.51558/2490-3647.2022.7.1.421

The relationship between patient and doctor is analyzed as a social relationship or a legal relationship. The goal of analyzing this relationship is to improve the realization of patients' health rights, who were accepted by the recommendation of international organizations' experience of physicians and patient cooperation. Legally, the doctor-patient relationship is not equal in Bosnia and Herzegovina. The importance of the doctor-patient legal relationship becomes to the fore the moment when the patient is not satisfied with the realized right and when he files a complaint about the provided medical care. Physicians are then required to hold physicians accountable for the medical service provided, which includes ethical, professional, and legal liability, and that covers physician liability concerning criminal law, civil law, and administrative law. Legislation in BiH based on which the legal relationship between patient and doctor in BiH is not defined problematizes this relationship and becomes particularly pronounced when the patient requests satisfaction due to violation of the right to health and expressed dissatisfaction with health care, for which they are usually blamed, doctors. The responsibility of the doctor is specified by law, while the responsibility of the patient for the provided service in exercising the right to health is reflected involuntariness and consent to the proposed service and from the point of view of the legal relationship is not equal to the responsibility of the doctor.