Employer's orders and due diligence of a doctor practicing his profession under an employment relationship (part II)

Abstract

One of the acceptable forms in which the medical profession may be practiced is within the framework of an employment relationship. Often, this may lead to a conflict between the employer's order and the statutory directives that every doctor should follow when undertaking professional activity. Their source may be the employer's orders, usually appearing against the background of the economic profit and loss account.  The key to solving this problem is to establish a desired pattern of conduct that significantly limits the scope of duties of a doctor under an employment relationship, in conditions of the employee's subordination to the employer. Proper reconstruction of the pattern allows us to come closer to answering the question whether the provision of health services in the manner desired by the employer does not lead to its violation. In effect, the aim is to counteract the potential risk of a doctor exposing himself to professional, civil or criminal liability.