What is Health Law?

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Health law is the branch of law that protects the rights of patients and physicians, and regulates the authorities, responsibilities and penalties for the resolution of disputes between the parties. All regulations concerning medical law are evaluated under health law. Issues such as the rights and obligations of patients to whom medical intervention will be made, drug law, medical law and health care provider obligations are within the scope of the aforementioned branch of law.

 

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Health Law Advocate Services

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The job of a health law lawyer is to follow up the cases filed on the basis of the relevant branch of law. Health law attorneys deal with malpractice lawsuits filed due to physician errors. The responsibilities included in the job description of the lawyer are generally evaluated within the following framework:

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• Violated patient rights

• Claims for tort compensation

• Inappropriate and violent acts against healthcare workers

• Disputes between the private hospital and the patient

• Disputes between physician and patient due to treatment

• Compensation for damage caused by faulty treatment by state hospitals

• Criminal proceedings in cases where malpractice is considered a crime

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What is Malpractice?

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Malpractice can be summarized as the fault of the physician or health institution. Malpractice is defined as harming the patient due to misdiagnosis and treatment caused by reasons such as inexperience, ignorance or carelessness. Malpractice situations cause material and moral compensation obligations.

 

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Malpractice and Complication Distinction

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The distinction between malpractice and complication forms the basis of health law. As it is understood from the definition made above, in case of malpractice, there are damages arising from the obvious mistake of the physician or health institution. Complications are pathological events and diseases that occur during the continuation of a disease. The first difference between the two concepts is the definition of a new disorder caused by an error in malpractice.

 

The second difference is evaluated in terms of the care of the physician or health institution. The discomfort that is the subject of malpractice may be caused by the carelessness of the physician. In complications, this is not the case. There is no harm inflicted due to the indifference, lack of care or carelessness of the doctor and the health institution.

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Malpractice Lawsuits

 

Malpractice lawsuits are filed in cases where the patient is damaged due to the fault of the physician or health care provider. The fact that the patient is damaged due to a different health problem, such as incorrect or faulty treatment, forms the basis of the lawsuit. According to the health law, in order to be able to talk about legal responsibility for the physician, it is necessary to cause harm to the patient of medical origin. In cases where the patient is not harmed, the physician has no legal responsibility.

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Malpractice lawsuits result in the provision of material and moral compensation for the deprivation caused by the damage suffered and the physical and spiritual damage to the individual. In terms of both the health representative and the patient, it requires legal services in order to follow up this sensitive litigation process and to implement the penalty to be imposed. In cases of pecuniary and non-pecuniary damages, if the patient is alive, a malpractice lawsuit should be filed by himself, if not, by his relatives. By working with a law firm experienced in the field of health law, the litigation process can be managed in a healthy way.

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Malpractice Litigation Process

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The most important thing that the patient, who has been harmed as a result of the wrong application of the physician, should determine before starting the legal process to remedy this harm, is whether the harm is a complication, ie side effect, caused by the treatment, expected to be encountered in terms of medical practices and medical literature, and that may occur despite all precautions being taken. is to be detected. Because if the damage can be called a complication, the fault of the physician and other health personnel cannot be mentioned here.

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On the other hand, if the damage suffered by the patient is due to ignorance, inexperience or indifference, then the responsibility of the physician will arise. The most basic rule of fault liability and compensation is that in the absence of fault, there is no right to compensation. What will be examined and investigated in the malpractice case is whether the faulty behavior of the physician caused the damage. If the physician is not at fault, the case will be dismissed. For this reason, it is important to get the opinion of an expert lawyer in health law and malpractice cases before the case is opened.

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Compensation in Malpractice Litigation

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Physician malpractice is a tort. For this reason, both pecuniary and non-pecuniary damages can be claimed. The costs to be taken into account in the calculation of the claim for pecuniary damage are the payments made for the hospital, the price paid for the medical intervention, if additional costs had to be incurred for the treatment of the damage after the medical intervention. Again, if the person is working, loss of income due to not being able to work during this period, if there is a permanent damage due to the damage and this situation will prevent the person from working in the long term, the losses due to the loss of workforce may be claimed as material damage.

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Non-pecuniary damage means the damage that occurs in the person's existence as a result of tortious act. A person whose personal rights have been damaged by an unlawful act may claim non-pecuniary damages. Moral compensation is for the relief of the pain, suffering and grief that a person has to suffer in the face of tortious act. The judge will appreciate the moral compensation, taking into account the effects of the wrongful act on the person.

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Physician's Obligation of Care

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Physicians also have an affiliated professional association: Turkish Medical Association. In Article 13 of the Medical Professional Ethics Rules of the Medical Association, it is stated that harming a patient due to ignorance, inexperience or indifference means the doctor's bad practice. The physician is obliged to intervene in the patient in accordance with the duty of care according to his own experience within the framework of medical science. According to the Supreme Court decisions, the physician must first detect the disease correctly and apply the most appropriate medical measures. In the next step, he should inform the patient accurately and completely about the treatment he has identified and applied. Simultaneously, it should have sufficient health personnel and medical equipment during the application.

 

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Failure to Achieve the Desired Result in Aesthetic Operations

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In terms of aesthetic operations, the relationship between the patient and the physician is accepted as a contract of work. Accordingly, as a result of medical practice, the doctor undertakes to create a work for his patient. In the contract of work, the contractor who is accepted as the expert of the result to be produced, namely the doctor; He is responsible for performing the work he undertakes in accordance with the rules of science and art, the provisions of the agreement, the trust placed in him and the expected purpose, as a requirement of his duty of care. In this case, it may be possible to file a lawsuit against the doctor on the grounds that the expected level of improvement does not occur as a result of the aesthetic operation.

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Criminal Cases in Health Law

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In the event that the patient suffers a loss due to the physician's error, in addition to filing a lawsuit for pecuniary and non-pecuniary damages in order to compensate for this loss, if the action causing the damage is of a nature to constitute a crime, it can also be mentioned that the doctor has criminal liability. Depending on the result of the action, the crime of injury by negligence or the crime of killing by negligence may occur. Here, we will focus on the consequences of a wrongful act of the physician during medical practice that constitutes a crime. Otherwise, it is clear that if the physician acts with the intention of committing a crime, if there is no purpose to treat, intentional injury or willful murder will occur here. As an example of the actions of the physician that will cause the crimes of wounding or killing by negligence:

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• Misdiagnosis and, as a result, choosing a wrong treatment method.

• Implementation of wrong treatment management even if the diagnosis is made correctly.

• Delay in administration of treatment.

• Situations such as the application of a risky or unsuitable anesthetic on the patient can be shown.

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Consent Form Received from Patients Before Medical Intervention

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Obtaining the patient's consent without any medical intervention is a prerequisite for the procedure. Medical intervention cannot be performed without the patient's consent, and if the patient is not informed, the validity of the consent cannot be mentioned. The patient should be informed about the health status, the medical interventions to be applied to him, their benefits and possible drawbacks, other medical intervention methods, possible problems that may arise if the treatment is not accepted, the course of the disease and its results. As stated in the Patient Rights Regulation, if a consent is obtained without giving information in a way that the patient can understand, without using medical terms whenever possible, without hesitation and doubt, in accordance with the mental state of the patient, this medical practice will be deemed to be illegal.

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In practice, a form is usually given to the patient before the patient's medical operation begins and he is asked to sign it. It should not be forgotten that in the preparation of these lighting forms, it is necessary to act in accordance with the general procedure conditions and the risks that the patient may face should be expressed in the most accurate way. Otherwise, the informed consent form will be considered invalid even though the patient signed it. It should not be forgotten that the first condition for the validity of this consent is that the patient has been informed in detail about what he consented to. Here, the physician does not need to make a request for clarification and information by the patient. The physician is obliged to do so in accordance with his duty.

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Litigation for Material and Moral Compensation Against the Administration

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Lawsuits for pecuniary and non-pecuniary damages against the administration are filed against the administration due to malpractice. In the case carried out within the principles of administrative law, pecuniary and non-pecuniary damages can be claimed. While determining the pecuniary compensation items, negativities such as death, incapacity and continuity of incapacity are taken as a basis.

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Material and Moral Compensation Case against Private Hospital

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The lawsuits filed against the private hospital for pecuniary and non-pecuniary damages are filed with the health institution where the physician who is harmed due to his fault works. The basis of the case is the responsibility of the private hospital for the employment of the doctor. Financial and non-pecuniary damages can be requested for the damage suffered by the medical intervention applied in the case.

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Ph.D. Litigation for Material and Moral Compensation

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A lawsuit for pecuniary and non-pecuniary damage to the doctor is filed against the doctor who made a mistake in the treatment. Due to the damage seen, malpractice lawsuit is filed with the claim for material and moral compensation. In the case, the parties should ensure that the process operates in accordance with the law by getting support from a lawyer experienced in the field of health law.

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Complaint Procedures of the Physician Administering Faulty Treatment

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An application can be made to the prosecutor's office, the provincial health directorate or the medical chamber to complain about the doctor who made the wrong treatment. If they wish, patients can call the Alo Health Line numbered 184 and create a record for the physician they complain about. Complaints to higher authorities such as the Prosecutor's Office and the Medical Chamber have serious consequences. For this reason, a lawyer experienced in health law should be consulted in doctor complaint procedures.

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Rights of Doctors and Healthcare Professionals

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The lawsuits filed against the private hospital for pecuniary and non-pecuniary damages are filed with the health institution where the physician who is harmed due to his fault works. The basis of the case is the responsibility of the private hospital for the employment of the doctor. Financial and non-pecuniary damages can be requested for the damage suffered by the medical intervention applied in the case.

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The rights of doctors and health personnel are also under the guarantee of health law. As much as physicians and health workers are responsible for the treatments they perform, their personal and legal rights are defined and constitutionally guaranteed according to health law. According to the law, the rights granted to physicians are as follows:

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• Get a quality education

• self-renewal

• Adherence to ethical principles

• Apply modern and scientific medicine possibilities

• Avoiding situations that contradict one's own values

• Do your job without feeling pressure

• Demanding an adequate level of income

• Protecting your health

• Withdrawal from testimony

• No guarantee of improvement

• Patient rejection

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Looking for a Health Law Attorney

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Those who are looking for a health law lawyer want to work with experts and experienced names in the field. Adv.Muhammed Sarıkaya As a Law Firm, we offer you legal assistance in all matters concerning health law. You can share your request for a health law lawyer by contacting us in any matter that requires legal support, such as malpractice cases, lawsuits against the administration and private hospital, doctor complaints.