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Some courts will not impose a duty on a physician without a contract for the benefit of the patient or some affirmative act on the part of a physician. Generally, a contract or an affirmative act on the part of the physician must exist before a legal duty arises. The quiet bliss of the relationship grew, blossomed, and faded away to the last petal over a one-year adventure.We lived and relationship’ed together mostly in the shadows of the night; in the times between my graduate schedule (full-time school) and his rotations at the clinic and hospital.All I can do is float, drink in the vastness, and wonder where the tide will take us.As we grew in awareness and caring for each other, his physician schedule and activities pulled on us both like quicksand.He was so behind on sleep on the holidays he had off that instead of going to be with his family or mine, he stayed home and slept. I could barely choke out the words of my hurt and surprise to find that you had asked me several times to open my heart. Throughout the night, the few hours I slept with you, whenever you stirred or woke, you kissed me, over and over through the night, my hand, my back, my chest. When we went out of town for the weekend with some of his colleagues, the first conversation as a group was how to change the escalating demands of time, sleep, effort, that they were all suffering. We decided to cut it off cleanly and grieve our losses.I became increasingly hopeless that our connection could survive long-term. He invited me out to dinner a month later to find some closure.
Confidentiality laws protect the physician-patient relationship and the patient's consent must be obtained before medical records may be released. Once the physician-patient has been established, it continues until it is ended by the consent of the parties or revoked by the dismissal of the physician, or until the physician's services are no longer needed. Without proper notice of withdrawal, affording the patient ample opportunity to seek alternative care, the physician's termination of services to the patient could be held to be an abandonment, subjecting the physician to the charge of negligence and liability to the patient for any damages proximately caused by such negligence. When I was finishing my fifth year of studies as clinical psychology doctoral student, I fell in love with a second-year medical resident; a wanderer at heart with the softest smile and a way of listening that made me feel like the whole world stopped when I spoke.Whenever possible, we found ourselves in the forest exploring the world on foot or, if the weather was bad, on long drives that led to nowhere.