PRE-CONTRACTUAL DUTY OF DISCLOSURE IN PRIVATE MEDICAL SERVICE CONTRACTS (A CONTEMPORARY CIVIL LAW PERSPECTIVE)

Resumo

This article analyzes an important rule from the sphere of medical civil law, namely the pre-contractual cognitive duty in the contract of private medical services. In view of the rapid advancement in private healthcare, whose orientation is increasingly becoming commercial and investment-driven, the doctor-patient relationship is not merely human anymore. But its contractual character has become more complex and the knowledge of the parties is imbalanced. The study proposes the duty of disclosure as a pre-contractual phase, disassociating it from the obligation to consult a doctor later, and defining its legal basis as good faith and protection of consent. The research also investigates what details must be revealed, such as who the service provider is, what are their total costs, what risks do the service providers pose, and what possible alternatives the users have. In the final segment of the module, the mechanisms for proving compliance and the role of the judiciary in protecting patients from arbitrary conditions and misleading practices are discussed in detail. All this is based on the general principles of civil law and on specific laws on patient protection and healthcare provision.