Physician-Patient Relationship and Examiner-Patient Relationship: differences and similarities

Abstract

Introduction: Physician-patient relationship is the basis of Medicine. It is founded on the principles of beneficence, non-maleficence, justice, and autonomy. The field of legal medical developed from the need to apply technical knowledge to assist legal processes. The differences between these two medical practices are at the origin of conflicts that hinder the performance of the medical examiner. Objective: To establish the differences and similarities between the physician-patient relationship and the –examiner-patient relationship. Methods: Literature review of articles and journals in Portuguese in Scielo databases and in specialized books on the subject. Discussion: Physician-patient relationship is based on mutual trust and mutual bond; the physician and patient both seek for diagnosis and treatment; there is consistency between verbal and nonverbal communication; establishing the case history is the main diagnostic method, while further tests are requested to assist the diagnosis; and there is a commitment to professional secrecy. The examiner-patient relationship has an investigative nature; it is not based on mutual trust; the purpose is to assist Court decisions by clarifying medical aspects of the case; and professional confidentiality is not restricted to the examiner-patient binomial. The similarity between these two relations is seen in the physician’s conduct, which must always be based on technique, respect, appropriate behavior, a non-judgmental approach, and also being up to date on professional advances . Conclusion: The Patient-Physician Relationship and the Patient-Examiner Relationship have peculiarities and some of them are unmistakable. In both situations, we observe the importance of medical practice as the essence of this relationship and its consequent moral, legal, and ethical implications.