Abstract

The professional duty of physicians is the diagnosis, treatment of diseases, and efforts to preserve people's health. Properly fulfilling the professional duty is not possible without considering their special rights. The social status of physicians in terms of their profession will also entail responsibilities towards the community and patients. In this article, the discussion of the physicians's rights over the patient will be discussed based on the social status of physicians, and with a new Perspective its jurisprudential foundations with regard to the change of social relations.

The study method of this article is descriptive and analytical, and it analyzes the legal, jurisprudential, and ethical aspects of the physician's rights over the patient using library data.

The result of this study, after discussing the position of medicine as a presupposition of the cognitive subject and corresponding rights, is that the financial relationship between the doctor and the patient is a new economic and binding contract. And according to the special conditions in risky treatments, special conditions must be taken into account for physicians, from a Law and jurisprudential point of view.