ESTABLISHING CONTRACTUAL RESPONSIBILITY BETWEEN THE MEDICAL DOCTOR AND THE PATIENT: THE CAMEROONIAN PERSPECTIVE

Abstract

Consent is a prerequisite foundation in which all relationships are established, and there is no exception in the situation of a Doctor-patient relationship where all medical duties and responsibilities must be emphasized. Once it is proven that the patient has fulfilled his medical obligation through the payment of the various dues, it is thus the responsibility of the medical doctor in ensuring that the patient acquires adequate and sufficient treatment as a result of the agreement entered into. This article establishes that there exists a contractual obligation on the parties involved in a medical relationship. Even though with all the agreement entered into by the parties to medical agreement, most of the time we experience grave breaches which always affect the raison d'être or rationale of the medical peculiarities and even rights of the parties involved. In order to ascertain and established a platform of medical relationship, it will be necessary or suffice for us in portraying an analytical method of research in this paper by ascertaining whether the agreement accepted by the various parties in the contractual medical agreement are respected by the parties in the course of performing the said obligation. However, the law that governs a contract is the terms of the contract itself and in medicine, there is little guidance to be found in law as to when the contract between the medical doctor and a patient is formed.