title: Reconceptualising the doctor-patient relationship: recognising the role of trust in contemporary health care.
abstract: The conception of the doctor-patient relationship under Australian law has followed British common law tradition whereby the relationship is founded in a contractual exchange. By contrast, this article presents a rationale and framework for an alternative model-a "Trust Model"-for implementation into law to more accurately reflect the contemporary therapeutic dynamic. The framework has four elements: (i) an assumption that professional conflicts (actual or perceived) with patient safety, motivated by financial or personal interests, should be avoided; (ii) an onus on doctors to disclose these conflicts; (iii) a proposed mechanism to contend with instances where doctors choose not to disclose; and (iv) sanctions for non-compliance with the regime.
authors.affiliation: Macquarie Law School, Macquarie University, North Ryde, 2109, Australia, zara.bending@mq.edu.au.
authors.forename: Zara J
authors.initials: ZJ
authors.lastname: Bending
mesh_terms: D001315:Australia; D016265:Conflict of Interest; D032982:Contracts; D003695:Delivery of Health Care / Q000941:ethics*; D030881:Disclosure / Q000941:ethics* / Q000331:legislation & jurisprudence; D033161:Government Regulation; D006801:Humans; D061214:Patient Safety; D010817:Physician-Patient Relations / Q000941:ethics*; D010820:Physicians / Q000941:ethics*; D035502:Trust; D006113:United Kingdom