Journal Article

The Impact of Cost Containment Policies on the Patient's Informed Consent for a Medical Treatment

Abuzaid, Dina Esmaeil Mohammed

2025

Overview

Due to the increase in the budget of countries in the health sector, the increase in budget leads to confront it by applying cost containment policies. These policies play an essential role in the physician-patient relationship which is based on confidentiality, integrity, loyalty, and good faith. The physician-patient relationship obligates physicians to disclose all relative information that constitutes a motive for the patient to proceed his or her medical treatment. Among the information that is important to the patient to make a decision to complete, replace, or start a medical treatment is information related to the financial constraints, treatment costs, alternative medical treatments, less expensive medical treatments, or more expensive medical treatments. However, the physician's duty may be influenced by cost containment policies from a third party, such as hospital administration, insurance companies, or others. This situation may prevent physicians from practicing their profession freely, and may affect their duties towards their patient, which may lead to a medical malpractice in case of breach the standard of care and the duty of disclosure. Accordingly, this paper first addresses the physician-patient relationship, its provisions; then, the duty of disclosure, and informed consent. It also addresses the standard of care, medical necessity, conflict of interest, and third-party influence. Also, this paper considers some proposed suggestions to confront and limit the influence of third parties on the physician-patient relationship. This paper follows a comparative methodology between the Canadian law as a single-payer health system, and Saudi law that relies on a multi-payer health system.

• Publisher: جامعة الأزهر - كلية الشريعة والقانون بدمنهور
• Subject: الرعاية الطبية / السعودية / النظام الصحي / كندا / محاسبة التكاليف