What is Health Law?

Health law is the branch of law that determines the rights of persons and institutions providing services in the field of health and the rights of people receiving services. Contact for details

What is a Health Law Attorney?

A health law lawyer is a lawyer who deals with cases in the field of health and medical law.

What are Physician Rights?

The Right to Adequate Training and Continuous Professional Development …
The Right to Adequate Remuneration …
The Right to Freely Practise His Profession …
The Right to Use Modern Technology and Science …
The Right to Participate in Administrative Decisions …
The Right to Refuse the Patient …
The Right to Request Consultation …
Right to Protect Health and Protection from Occupational Risks
Right not to Guarantee Recovery
The Right to Allocate Sufficient Time to the Patient
Right to Refrain from Testifying (Article 6 of the Criminal Procedure Code and Articles 134-137 of the Criminal Procedure Code)
Right to Determine Treatment (Art. 6 of Medical Deontology Regulation)
The Right to Request Accurate Information and to Request Compliance with Treatment and Advice
Right not to engage in acts of punishment

In which cases can health lawsuits be filed?

The person has the right to file material and moral compensation for the damage suffered. The right to file a lawsuit is gained for reasons such as the following.
Damage to a patient due to lack of knowledge, inexperience or indifference
harming the patient
Behaviour contrary to the treatment contract
Acting contrary to the obligations imposed on him by law
Damages resulting from the misuse of medical instruments and technical equipment.
Cases that are recognised as malpractice, especially those that are not considered complications
Damage to the patient as a result of incorrect and improper examination
Inexperience of the physician in profession and art
Behaving contrary to the contract between the patient and the physician
Intentional harm to the patient
Damage to the patient as a result of incorrect and improper examination
Damages arising from the misuse of medical instruments and technical equipment during examination and treatment.

In Which Court Are Health Law Cases Held?

If the lawsuit to be filed is against a private hospital, an administrative lawsuit should be filed in the consumer court, and if against a public hospital, an administrative lawsuit should be filed in the administrative court.

How to File Malpractice Lawsuits?

In order to file the lawsuit, the injured party must prove the damage; such as the physician’s fault, the existence of the damage, the connection between the defect and the damage. There must be death or bodily harm for compensation claim. Some of the damages in case of death are regulated in the Turkish Code of Obligations. The deceased person’s spouse, children, etc. can claim compensation. In case of bodily harm, the injured patient should make the compensation claim. It should not be forgotten that compensation may not be equal to the damage suffered, but more compensation cannot be received than the damage suffered.

Against Whom Can Malpractice Lawsuits Be Filed?

A lawsuit cannot be filed against doctors working in public institutions in accordance with Article 129 of the Constitution. The lawsuit should be filed against the public institution due to the problem experienced and the mistake made. The public institution has the right of recourse to the doctor.

In private public institutions, both the doctor and the institution have the right to sue. The lawsuit to be filed against the physician and the persons assisting the physician should be based on Article 49 of the Turkish Code of Obligations.

What is the Regulation on the Protection of Personal Health Data?

This Regulation has been prepared based on subparagraph (j) of the first paragraph of Article 8 and Article 47 of the Decree Law on the Organisation and Duties of the Ministry of Health and its Affiliated Institutions dated 10/11/2011 and numbered 663, subparagraph (f) of the first paragraph of Article 3 of the Basic Law on Health Services dated 7/5/1987 and numbered 3359, and the Law on the Protection of Personal Data dated 24/3/2016 and numbered 6698.

The data processor is obliged to protect the privacy of the data he/she learns as a requirement of this duty and to comply with the rules and standards determined regarding the data processing process.

You can access the regulation published by the Ministry of Health by clicking here.

What is an Informed Consent Form?

Informed consent is the process of informing the patient sufficiently in order for the patient to give or refuse consent to any medical procedure to be applied to him, to think about the information he receives, and to make his decision based on his free choice.

The basis of the obligation to inform is the Convention on the Protection of Human Rights and Human Dignity in the Application of Biology and Medicine dated 03.12.2003 and the Patient Rights Regulation.

Article 5 of the Convention on the Protection of Human Rights and Dignity of the Human Person with regard to the Application of Biology and Medicine states that “Any intervention in the field of health may be carried out only after the person concerned has freely and informedly consented to such intervention.” It is stated that the medical intervention can be carried out by informing and consenting the patient.

In Article 22 of the Regulation on Patient Rights, it is stated that “Except for the exceptions specified in the law, no one may be subjected to medical treatment without his/her consent and in a manner incompatible with the consent he/she has given.

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