ABSTRACT

Contract law lies at the heart of the legal system and serves as a foundation for the rules of society. In that same vein, the doctor-patient contract serves to establish the rules of conduct for both the physician and the patient. It is the legal essence of the doctor-patient relationship. In clinical practice, doctors with increasing frequency are entering into so-called contracts with patients. These include opioid contracts, suicide prevention contracts, addiction treatment contracts, healthy living contracts, transplant substance abuse contracts, and safe treatment contracts. The doctor-patient contract is also not a bargained for agreement, but rather it is an unspoken business agreement that involves the exchange of services, money, and obligations. Perhaps most important, it is one of the cornerstones of good medical care. All contracts, including physician-patient contracts, include the implied obligations of good faith and fair dealing in its performance from both parties to each other.