The X Virus Case—Leeway for Contractual Steering of Hospital Treatment

The regulatory framework governing the treatment of patients in hospitals is quite complex and differs significantly from other industries insofar as the patient and the hospital have very limited influence over the design or the outcomes of the relationship between them. Through five different cases, the reader will be confronted with the questions whether the patient-hospital relationship can be qualified as a contractual relationship and whether it shows contractual elements, both allowing the parties to influence treatment and hospital stay. Furthermore, the reader will be familiarized with the unique aspects of patient consent, the patient/proxy-payor-provider constellation and bioethical principles that encompass the treatment from patient admission to patient discharge. The case study suggests that, although the CM Approach may not be suitable for steering the entire hospital stay of an individual patient, some of its elements can nevertheless be useful to highlight the possibilities for a compliant and efficient handling of the patient-hospital relationship.