Health Law

Health law is the name given to the whole of the legal rules that people and institutions that act as service providers and end users in the health sector of a country have to comply with. Medical law is divided into four classes: public health law, bioethics and global medical law.

Faulty medical practices are also among the subjects covered by health law.

Malpractice

The concept of Malpractice is defined as “a patient’s harm and malpractice of medicine due to ignorance, inexperience or indifference” within the framework of Article 13 of the Turkish Medical Association’s Code of Ethics for Medicine.

According to the definition of the World Medical Association; “it consists of the damage caused by the physician’s failure to perform routine and up-to-date practices during the treatment, lack of skill or not giving the treatment to the patient.”

The concept of malpractice is a concept that expresses the wrong treatment practice. This situation creates undesirable consequences that develop in the diagnosis, treatment, care and post-care period of the disease and directly affect the health status and life of the patient.

Lawsuits to be Filed as a result of Malpractice (Physician Error)

Litigation for Material and Moral Compensation

Faulty treatment includes tortious acts and breach of contract within the scope of the law of obligations. In this field, the Court accepts that there is a proxy relationship between the patient and the doctor in private hospitals. At this point, the patient who has been harmed by mistakes such as doctor’s error or hospital personnel or misuse of the device has the right to demand material and moral compensation from both the doctor and the health institution to which the doctor is affiliated.

Criminal Case

In cases where the physician’s error causes the death of the patient, the crime of causing death by negligence in Article 85 of the Turkish Criminal Law will occur.

If death has not occurred as a result of malpractice, but other health problems have been caused to the patient, then the crime of injury by negligence in Article 89 of the Turkish Criminal Law occurs.