Abstract

BALLESTEROS POLO, Mónica. Bioethical conflicts in the healthcare relation derived from work leaves. Rev. Bioética y Derecho [online]. 2016, n.38, pp.131-147. ISSN 1886-5887.  https://dx.doi.org/10.1344/rbd2016.38.17050.

This paper reflects on the bioethical conflicts derived from the physician-patient relation when a worker presents a health condition that results in a work leave. The paper only deals with those cases that have a common origin, i.e., the health condition is not directly related to the individual's work activity. Furthermore, it is specifically focused on employed workers whose labor regime is part of the social welfare system and receives an economic benefit for the duration of the process through a health insurance company (hereinafter, Mutua), which the worker's firm is affiliated to. Although the worker visits the doctor due to a health condition, the relation is not limited only to receiving healthcare, but also includes an assessment of the labor capability, because, in the event that this is undermined, a temporary certificate of incapacity will be issued. This certificate will activate some mechanisms that result in the involvement of other entities related to the healthcare system, in this case the Mutua, that will manage said process. Therefore, this relation is broader and more complex and goes beyond mere healthcare- related matters and, sometimes, may give rise to conflicts of interests.

Keywords : physician-patient relation; temporary incapacity; bioethical principles; healthcare; labor capability assessment.

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