The termination of the doctor-patient relationship is a complex process that must be managed responsibly in accordance with the relevant legal provisions. The doctor has an obligation to provide healthcare and/or medical care to a person whom he/she has previously accepted as a patient. The criteria for accepting a person as a patient are regulated and relate to the competence of the doctor, the diagnosis and treatment to be given to the patient and the written request by the patient for healthcare. Exceptions are the emergency situation of the patient or the case of the person lacking discernment. The doctor will also assess whether there is an obvious risk of worsening the health of the person receiving care.
The doctor-patient relationship may be interrupted in the cases limited by Law 95/2006, namely: once the illness is cured, by the patient or by the doctor when the patient is referred to another doctor with greater competence or when the patient's attitude towards the doctor is irreverent and/or hostile, making it impossible to continue the professional relationship. In the latter case, the doctor will notify the patient at least 5 days in advance of the intention to terminate the relationship, thus giving the patient the opportunity to find an alternative. If the termination of the relationship endangers the patient's health, then the doctor will not be able to terminate the relationship until the patient's health permits.
In judicial practice, it has been held that the interruption of treatment and the refusal to provide specialist medical assistance, without fulfilling the conditions and the procedure provided for in Articles 663 and 664 of Law 95/2006, constitutes an unlawful act committed with intent, as the doctor foresees and aims to produce the consequences of his act. (1) of Law 46/2003, according to which the patient has the right to continuous medical care until his health condition improves. Therefore, the rule is that after the patient's acceptance, the provision of medical services will continue until the goal agreed upon during the first consultation by the doctor is reached.
The provision of healthcare cannot be interrupted unannounced and without prior notification of the patient. At the same time, if the patient's state of health is in danger, the doctor cannot interrupt the relationship until the patient is stabilised, even if he/she has followed the prior notification procedure. To the extent that the patient, after being accepted by the doctor, has a hostile, irreverent attitude towards the doctor, the legal provisions allow the doctor-patient relationship to be terminated with respect for the prior notification procedure, and the patient's state of health is not endangered.