Alternative Medicine Treatment Contract "A Comparative Study"

Abstract

Abstract: Man strives to maintain his or her best health, and if symptoms of illness arise, he or she is keen to eliminate them. Despite the availability of modern treatment methods, people often resort to traditional methods, or what is known as "alternative medicine," which represents a group of therapeutic approaches distinct from the medical treatments prevalent in modern medicine. These methods are derived from the folk remedies of ancient civilizations. When resorting to this type of medicine, a relationship must develop between the parties involved. This relationship is called an "alternative medicine treatment contract," which is the primary legal instrument regulating the relationship between the treatment recipient and the service provider (the therapist). Like all contracts, its conclusion requires the elements of validity, namely the consent of both parties, the subject of the contract, and the reason that motivates the contract. This alternative medicine treatment contract has a number of characteristics, including being an unnamed, mutually agreeable, and binding contract between both parties. This contract is also a mixed contract. Since alternative medicine deals with the human body, it is inherently dangerous, which necessitates imposing certain obligations on those who practice this activity, such as the obligation to diagnose, provide insight, and maintain safety. This is in addition to the obligations imposed on the recipient of treatment. This ultimately results in civil liability for those who breach these obligations. Despite the fact that the relationship between the parties to this contract is contractual, a jurisprudential dispute has emerged over whether liability arising from an alternative medicine treatment contract should be considered contractual or tortious. This contract, like all other contracts, has an end, just as it ends. It ends either by traditional rules of expiry or dissolution, or according to its own rules, which are the end of the agreed-upon treatment sessions or the cancellation of the license.