진료계약상 진료인의 의무 및 의무위반의 효과

The conclusion of a treatment contract generally requires no formality. The contract is usually concluded when the private patient (self-payer) seeks treatment from a physician of their choice, who then begins treatment. Thus, the usual provisions of such a contractual relationship are tacitly agreed upon unless the parties expressly agree otherwise. The treating physician has a number of contractual obligations toward the patient, namely the duty to treat, as well as various ancillary service and protective obligations. The duty to treat is the physician's primary duty arising from the treatment contract. The treating physician must explain to the patient in an understandable manner, both at the beginning of treatment and throughout the course of treatment, all circumstances relevant to the treatment. Before performing a medical procedure, especially before an intervention on the body or health, the treating physician must obtain the patient's consent. This safeguards the patient's right of self-determination. To this end, the treating physician is obligated to inform the patient of all facts relevant to consent; Only an informed patient is able to decide for themselves whether to undergo the procedure and to give their consent. Information should therefore be the basis for the patient's exercise of their right of self-determination. Furthermore, the treating physician is obligated to document the treatment. To this end, they must maintain a patient file in paper or electronic form. The treating physician's duty of confidentiality arises as a protective duty from the treatment contract, the patient's general right to privacy, and the professional code of conduct for physicians.