MEDICAL AND HEALTH LAW 

​

Health services in the last half century; With the technological developments in medicine and the increase in the population (patients) that need to be delivered health services, it has become more industrial. Parallel to this development, many radical changes have occurred in the positioning of patients against this giant organization, and concepts such as the right to health and patient rights, which are derivatives of the right to life, have come to the fore as the basic regulatory norms of the provision of health services. As it can be understood, the relationship between the patient and the health service providers (physician, hospital, etc.) on the axis of medical diagnosis and treatment now needs more legal ground.

​

These developments, especially in developed countries such as the USA, have brought about an increasing number of legal disputes between patients and healthcare providers. The patients started to question more about the medical diagnosis and treatment methods applied to them and the results of them, and there has been a noticeable increase in cases on medical malpractice.

​

Medical malpractice is defined as “a wide range of conditions ranging from the delay of the recovery to the death of the patient, going beyond the normal course of the disease as a result of the suggestions and / or practices of the physician, nurse and health personnel such as physiotherapist, psychologist or dietitian who are authorized to intervene in the patient according to the relevant law”. includes all. Among the reasons for the increase in claims for medical malpractice, there are various medical, legal and social factors such as the continuous innovations in medicine and their rapid spread to the whole society, the increase in the awareness and education level of the society, the development of the insurance system, and the struggle for rights. In recent years, claims of medical malpractice against physicians have been appearing at an increasing rate in our country.

​

Health law is the legal unit that covers the rights of individuals who receive services from this field together with institutions providing services in the field of health. We think that it is worth noting that he deals with and examines this issue in terms of criminal law along with administrative law. Health policies, which have become open to change with the new era, gain much more value and importance with health and medical law.

​

​

​

Why Does Health and Medical Law Exist?

​

Along with physicians, patients also need to know their rights and act consciously in this regard. This legal unit will also contribute to the development of the medical world and for physicians to specialize in their own fields. This is why it is important to act consciously and learn the rights of the parties in this field, as in every other field. 

​

​

​

Lawsuits Due to Doctor's Error and Legislation

​

biomedical contractArticle 4 “Any intervention in the field of health, including research, must be made in accordance with relevant professional obligations and standards.”

 

Patient Rights Regulation, Article 11“The patient has the right to demand diagnosis, treatment and care in accordance with the requirements of modern medical knowledge and technology.      Diagnosis and treatment cannot be made contrary to the principles of medicine and the provisions of the legislation related to medicine.

​

Turkish Medical Association Code of Ethics for the Medical Profession, Article 13“When a patient suffers harm due to ignorance, inexperience, or indifference, it means "bad practice of medicine." defined as.

​

As a matter of fact, in the decision of the Supreme Court of Appeals HGK dated 21.10.2009 and numbered 2009/13-393 E. and 2009/452 K., in summary  “When the patient chooses a private hospital, he comes with confidence in the quality and quality of the service provided in that hospital. The hospital should also do its duty with the utmost care and loyalty in providing the service related to the treatment.” A provision has been made.

​

As a matter of fact, in the doctrine, “Hospital management should follow new developments in medical science and practice and new developments in medical technical instruments. It should replace the obsolete ones of these tools. The hospital should organize courses for physicians  self-improvement and ensure that they attend congresses. (M. Ayan Ankara 1991 p.160), it was emphasized that the hospital and the doctor should make an effort to be flawless in terms of medical treatment.

     _cc781905-5cde-3194-bb3b-136bad5cf58

The Supreme Court of Appeals 13. HD 2004/12088E., 2005/1728 K. In summary, “The responsibility of the attorney depends on the rules regarding the responsibility of the worker in general (BK. 390/2). The attorney has to act with care like a worker and is responsible for even slight faults (BK. 321/2). For this reason, all the faults of the doctor, even slight ones, should be accepted as an element of responsibility. Physicians have to show the attention and care that can be attributed to everyone according to their general life experience, not only their professional, in order to prevent their patients from being harmed. In cases where there is a slight hesitation, the doctor is obliged to carry out research to eliminate this hesitation and to take protective measures in the meantime. While choosing between various treatment methods, the patient should consider the characteristics of the patient, should not put him at unnecessary risk, and should choose the safest way. In fact, he is right to expect the client, who trusts him, to show meticulous care and attention from the attorney, who is a professional and doctor. The deputy BK, who did not show meticulous care. According to 394/1, it should be considered that he did not perform his power of attorney properly….. Therefore, since it is clear that the doctors did not show the necessary care, care and seriousness during the operation, it is obligatory to accept that the defendant hospital and doctors were at fault”.