Respect in the Medical Profession: A Legal Perspective
Keywords:
: confidentiality obligations, professional secrecy, the protection of confidential information and know-how, negotiation, disclosure obligations, and the duty to ensure safety.Abstract
A doctor who uses prosthetic medical devices in treatment, like other doctors, is bound by obligations required by the medical profession resulting from his association with his clients by a contractual bond, in addition to the obligations arising from the doctor implicitly referred to in the contract and other obligations not referred to in the contract, but rather inspired by the nature of the contract and what require the principles of justice, customs, and manners related to the medical profession.
In order to analyze the medical obligations in the field of prosthetic medical devices, we decided to clarify the content of these obligations, and whether they are obligations to take care or achieve a result, by clarifying the difference between the doctor’s commitment to a result and his obligation to ensure safety in the field of prosthetic medical devices. As the commitment to a result is related to the work entrusted to the doctor, which is the process of installing or fixating the prosthetic medical device, while the commitment to ensuring safety is linked to the devices used in the process of installing them.
