Abstract

Fee splitting, a clear manifestation of physician's breaching patient's rights, is the breach of the principle known as bona fide with regard to the patient and the dominance of physician's financial interest on facilitation of treatment process. Yet a question is posed: Can physician's abusing patient's trust or lacks of information, whose manifestation can be observed in fee splitting, justify the necessity of criminalizing fee splitting? In fact, the point of argument is to criminalize or decriminalize fee splitting. Some patients have exposed to high cost of treatment without any medical necessity. Accordingly, the authors of this writing try to identify the necessity of providing criminal protection for this group of patients through studying the arguments posed by advocates of fee splitting and those posed by opponents. This writing then deals with constituent elements of fee splitting and studies necessary principles and features to commit this crime from the viewpoint of teachings of medical criminal law.