This section deals with traditional physician– patient relationship law. The core
legal assumption about the physician–patient relationship is that it is a
fiduciary relationship. The law expects physicians to put their patients’ financial
and other interests first. Managed care is dramatically changing the nature of
the physician–patient relationship in ways that are not contemplated by
existing law. This is resulting in litigation and increased scrutiny by state
regulatory agencies. Physicians and other medical care practitioners are caught
between the economic power of the managed care organizations with their
control of the stream of patients, and the demands of patients and consumer
advocates that they live up to the traditional values of the physician–patient
relationship. There are several specific problem areas that will be discussed in
this section. In general, medical care practitioners must assume that the
traditional physician–patient relationship applies in the managed care setting
until the courts or legislatures change the law.