Health care companies cannot interfere in questions related to the professional autonomy of physicians

The Code of Medical Ethics is expressed when determining that the doctor, and only him, is responsible for choosing the treatment of his patient. Even more: the professional should always use the best of scientific progress in favor of his patient. Article 1 of resolution CFM 1642/2002 establishes that: “Health insurance companies, group medicine companies, medical work cooperatives, self-management companies or others that act in the form of direct provision or intermediation of medical-hospital services must follow the following principles in their relationship with doctors and users : (The) respect the autonomy of the doctor and the patient in relation to the choice of diagnostic and therapeutic methods.”. The foundation for the free exercise of the profession, therefore, stems from the Legislation elaborated by the CFM itself on the subject: the doctor not only can but must exercise his office with autonomy and independence, with a view to the best interest of his patient. The understanding manifested by the Courts across the country is not discrepant: it is up to the doctor – without any interference from health plan operators – to choose the best treatment that will be given to his patient, since he is the professional technically qualified for that. CBR Legal Advice