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It is called the right to health that people are in control of their own health and body and that they are not subject to any medical intervention or any experimental intervention without their consent. Health law to the branch of law that regulates the rights, responsibilities and obligations of situations such as the protection of this right to health and the enjoyment of these rights, the regulation of services related to the right to health, preventive health services, the protection of the individual and society, the relationship between the individual and the health institutions where the individual has received health services, Called. Health law includes the rights of individuals in the society to benefit from health care and similar services, the regulation of these health care services of individuals and the provision of preventive health services in relation to this are within the field of health law. Health Law Lawyers deal with disputes related to health law. As a health law lawyer in Istanbul, you can get detailed information in the field of health and medical law by contacting our law office.
The right to health is a right that must be provided to people all over the world. However, the right to health is included in the universal declaration of human rights. According to the provisions of the Universal Declaration of Human Rights, every person has the right to a standard of living appropriate to ensure the health and well-being of such persons, including the social services necessary for him or her family such as housing, food, clothing, medical care, and protection in the event of disability, old age, widowhood, illness, unemployment or other circumstances that cause their livelihoods to be excluded from their will.
In addition to the universal dimension of the right to health, there are many regulations related to the right to health in our country. However, the right to health is a constitutional right. The right to health is included in the constitution where our fundamental rights are included. You can also get support from us for health law lawyer Istanbul.
Article 56 of the Constitution under the heading of health services and environmental protection includes provisions related to the right to health. According to these provisions, every person has the right to live in a healthy and balanced environment. It is the duty of the state and the citizens living in the state to improve the environment, to ensure the protection of environmental health and to prevent pollution of the environment. The state regulates the planning and provision of services from the monopoly of health institutions in order to enable each person to continue his life in physical and mental health, to increase efficiency by making savings in human and material power, and to realize cooperation. The state fulfills this duty by benefiting from and supervising the health and social institutions in the public and private sectors. In other words, it is possible for the state to benefit from the health and social institutions in the private sectors in the com sectors in order to fulfill its duty. Nevertheless the state has benefited from the supervision of health and social institutions in the public and private sectors that it does itself. It is possible to establish general health insurance within the law in order to carry out health services widely.
It is important for public health to ensure the protection of public health and to take the necessary measures for this purpose and to implement these measures and to regulate the duties and powers and sanctions that will ensure the implementation of the measures. The duty to protect public health belongs to the state. The state is under the obligation to take the necessary precautions and measures to protect the health of the citizens and to make the necessary arrangements. This service provided by the State shall consist of continuous and regular activities carried out by the State or other public entities or under their supervision for the purpose of satisfying their general and common needs, ensuring the public interest or interest, and made available to the community. Public health, which is also included in our Constitution, is also protected within separate laws. Special laws also include special regulations on public health. Among these special laws, the oldest law is the public sanitation law. With this law, the protection of the society from infectious diseases in general and the establishment of health information rules for the society The measures to be taken for the early diagnosis of the diseases in the society and the early treatment of the people are regulated by this law.
There are some concepts that need to be known in health law. These concepts are frequently encountered and have found a place in health law. Medical intervention, complication indication, malpractice are among the concepts that should be known in health law.
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What is Medical Intervention?
Medical intervention describes any activity carried out by the authorized person who owns and performs the medical profession directly for the purpose of treatment or for the purpose of indirect treatment against the physical and mental integrity of the person. Physicians perform medical intervention for the purpose of treatment. The aim of medical intervention is to prevent the abnormality or deficiency of a disease, to get rid of this deficiency or to eliminate this condition completely or to keep the negative effects at the lowest level. Medical intervention can be carried out for many reasons. Some of these reasons are to diagnose the disease, to treat the disease, to make the disease milder when the treatment is not possible, to stop the progression of the disease or to prevent the worsening of this disease, to relieve the suffering of people due to the disease, to prevent diseases that are not yet obvious but are likely to occur.
The Regulation on Patients' Rights concretely shows the rights of patients as a reflection of fundamental human rights in the field of health services and in other legislation, especially in the constitution of the Republic of Turkey, and in international law texts. However, the Regulation on Patients' Rights has been prepared for each person to benefit from the rights of patients in a decent manner in cases where it is possible to provide health services within all institutions and organizations where health services are provided and outside health institutions and organizations. However, the Regulation on Patients' Rights aims to regulate the procedures and principles for the protection of persons from rights violations and the actual use of the means of protection of the law when necessary. In addition, the Regulation on the Rights of Patients includes all official and private institutions and organizations that have been provided with health services, within these institutions and organizations or outside these institutions and organizations, and all parties that have the right to benefit from the service and the interests within each level and within each Title. As we said above, the Regulation on Patients' Rights includes the concept of medical intervention. According to this regulation, medical intervention refers to the physical and mental intervention carried out within the boundaries of medicine in accordance with the relevant professional obligations and standards for the protection of health, diagnosis of diseases or treatment of these diseases by persons authorized to practice the medical profession.
What is a Complication?
A complication is the addition of a new disease or problem despite the presence of a disease. This additional problem occurs in addition to the drug treatment or surgery that has been done.
Complication, in medical terms, are undesirable effects that can be predicted after a disorder, illness or medical treatment process. They have some risks in medical practices applied to people. These risks are sometimes high and sometimes lower. If the physician undertakes the care of a patient, it is thought that the person who is sick will benefit from this obligation of the physician. However, this cannot be said to be certain. In other words, it is possible that the care obligation undertaken by the physician may not benefit the patient in some cases. It is possible that the risks that the physician has due to the nature of the medical practice after the medical practice are inevitable even if the necessary attention and care are taken by the physician. This application, which is likely to arise after medical practice or after medical practice and which is possible to know and foresee but the application is made in the interest of the patient, does not contain any obstacles. In other words, if the intervention to be performed is in the best interest of the patient at a high rate, although it contains some risks, the application of this intervention by the physician to the patient does not constitute an obstacle. If the conditions that may arise as a result of the complication are presented to the patient's information and the patient's consent is given by the patient, the physician is not responsible for the damages that may arise after the application. The complication can therefore be called the permitted risk. In other words, the physician is not responsible for the complications that arise after the intervention of the physician with the consent of the patient. Even if the responsibility of the physician cannot be mentioned for the complications that arise after the intervention with the consent of the patient, it is possible to say that there is a medical error if the complications that arise are not managed correctly by the physician and not noticed in a timely manner, and if the intervention is not made as a result.
What is an Indication?
Indication: It defines for which diseases a drug will be administered and in what way it will be applied, or what conditions are necessary for the implementation of an operation. Indication refers to the stages that occur during the period of treatment in relation to a disease. It is possible to define the indication as a medical necessity. The indication ensures the legality of the medical intervention. It is possible to mention the existence of legal regulations regarding the fact that it is not possible to intervene in cases where the presence of an indication is not in question and that such an intervention should not be performed without indication. Regarding the indication, it is possible to come across some provisions in Article 12 of the Regulation on the Rights of Patients under the heading of prohibition of intervention other than medical requirements. According to the Regulation on the Rights of Patients, it is not possible to do or demand anything that is likely to cause death or life-threatening without the purpose of diagnosis, treatment or protection, or that may bring a violation to the integrity of the body or that is possible to reduce mental or physical strength. So much so that it is not possible to touch the physical integrity of the person in cases outside the medical necessity. Unless faced with such an obligation, the bodily integrity of the person cannot be touched. Protection against the inviolability of the person is also included in our constitution. The second part of the Constitution under the title of rights and duties of the person includes the inviolability, material and spiritual existence of the person. According to Article 17 under the heading of inviolability of the person, every person has the right to life, to protect his material and spiritual existence, and every person has the right to develop his material and spiritual existence. The body integrity of the person cannot be touched except for medical necessities and cases written in the law. Without the will and consent of the person, no scientific and type of experiments can take part in or be obligatory. No one can be tortured or persecuted. However, no one shall be subjected to any punishment or treatment incompatible with human dignity. According to these provisions in the Constitution, it is not possible for anyone to touch the integrity of the body except for medical necessity and the cases written in the law. Since we define the indication as a medical necessity, there should be legal regulations to interfere with the body integrity of people. When there is an indication to perform medical intervention on the body integrity of the persons, this situation is in accordance with the law. However, it is possible to talk about some exceptional cases in relation to this. For example, circumcision, which is a common tradition in our society, does not carry a medical obligation. The act of circumcision, which is a social necessity, is not a medical necessity. However, despite this, it is possible to say that the practice of circumcision by physicians is in accordance with the law. Because circumcision, which is a social necessity, contains the element of indication. In addition, even if there is no medical indication, there are some conditions that have an indication element. Another one of these is aesthetic interventions. Aesthetic interventions do not constitute a medical necessity. Despite this, medical interventions applied by physicians to patients for aesthetic interventions have an indication element. Since these interventions are regulated within the law, it is possible to talk about their legality.
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What is Malpractice?
Malpractice refers to the erroneous actions of a person who is a member of a profession while practicing his own profession. The concept of malpractice in medicine can be defined as the harm that occurs as a result of the physician not performing the current and standard practices during the treatment and not giving the treatment to the patient. According to the rules of professional ethics of medicine, malpractice: The loss of harm to a patient due to apathy, ignorance or inexperience corresponds to the worst practice of medicine. You can obtain your legal rights by contacting the Istanbul malpractice lawyer who provides services within the scope of Istanbul health law.
What are Patient Rights?
Every individual has the right to receive an appropriate service to protect against diseases. The task of ensuring that individuals receive this service falls on the health service. Receiving services and a lot of other rights are granted to individuals. It is possible to give place with some rights that patients have.
The Right to Benefit from Health Services
Among the rights of patients, it is possible to talk about the right to benefit from health services. The right to benefit from health services is included in the Regulation on Patients' Rights. The right to benefit from the health services included in the Patient Rights Regulation includes some situations and other rights. The right to benefit from health services includes rights such as justice and equity, proper utilization, requesting information, selection and replacement personnel of the health institution, requesting the determination of the priority order of recognition, selection and replacement, diagnosis, treatment and care in accordance with medical requirements.
The rights included in the right to benefit from health services can first be mentioned in accordance with justice and equity. According to the right to benefit in accordance with justice and equity, the patient has the right to benefit from health services in accordance with his / her needs, provided that it includes practices aimed at ensuring a healthy life within the scope of the principles of justice and equity and preventive health services. In other words, if the patient needs a health service according to his / her situation, he / she has the right to benefit from this health service in accordance with his / her needs. The right of the patient to benefit in accordance with the justice and equity he has includes the responsibilities of all institutions and organizations providing health services and the personnel working in the health service in accordance with the principles of justice and equity. However, this right that individuals have includes not only the institutions and organizations providing the service, but also the obligations of the personnel serving within these institutions and organizations.
It is the right to request information about a place that is included in the right to benefit from health services. The person who is sick has the right to request information about how this health service will be when he will benefit from health services. When individuals are confronted with a disease and are defined as sick, it is their most natural right to ask for wisdom about how the medical practices to be applied to them will be in this health service while benefiting from a health service related to their disease. Therefore, this right is included in the Regulation as the right to request information to individuals. The right to request information is included in the right to request information within which health institution and according to which conditions it will be given, what all kinds of services and facilities provided by health institutions and organizations consist of and the information on the procedure of benefiting from the health services provided in these institutions applied by the persons. All health institutions and organizations are under the responsibility of creating units with sufficient technical equipment to inform patients with the information given above. Again, these health institutions and organizations should employ the qualified and qualified personnel who have the opportunity to give sufficient and precise information to the patient in the units they have created in a non-temporary manner. In order to ensure that patients can reach the units they need according to their conditions in the easiest way, they are obliged to take measures such as having signs, brochures and signs that provide information in the appropriate places of health institutions. In case of violation of these obligations, those who are treated are entitled to compensation. In this process, you can contact an Istanbul health law lawyer or an Istanbul lawyer.
Another right included in the right to benefit from health services is the right to choose and change the health institution. The person who is sick has the right to choose the health institution and the health institution provided that he complies with the procedures and conditions stipulated by the law to which he is subject and to benefit from the health service provided in the health institution he has chosen. In other words, the person who is sick can benefit from the service provided that he / she complies with the laws in the health institution and organization he / she wants. The patient has the right to choose one among the health institutions. It is possible for the patient to change the health institution provided that it is in compliance with the referral system determined by the law. However, if changing this organization is a life-threatening situation, it is essential that there is no medical drawback. However, it should not be medically objectionable to change the health institution in terms of the danger to the life of the person who is sick and to inform the physician about the disease that the patient has to become more severe by changing the institution in which the patient is located. Those who are connected to any social security institution other than emergency and pavement and who do not comply with the referral chain stipulated by the law with loyalty to this social security institution must pay the wage difference themselves. In other words, if the price difference occurs when the referral occurs, the patients who want to be referred should meet the price difference themselves if there is no emergency case. So much so that some situations are encountered to change to the health institution. Situations such as the resulting difference fee are situations that arise in response to people's requests to change health institutions. If it is not in the medical interest for the patients to stay in the health institutions they have found, or if it is necessary to be transferred to another health institution, this situation is explained to the person who is sick or to the persons specified in the article in the regulation. The information required before the transfer is made shall be given to the organization that has requested the transfer or to the health institution deemed medically appropriate or by the authorized persons specified in the legislation. In all cases specified, the service to be provided must be provided without any disruption and without interruption.
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In addition to the right of patients to choose and change the health institution, another right is the right to know, choose and change the staff. Again, the right to know, choose and change the staff is included in the right of patients to benefit from health services. According to the right to recognize, choose and change the staff, it is possible to provide information about the identities of the physicians and other personnel who will either provide health services to the patient or who are providing health services to the patient and the titles of these physicians and other personnel if the patient wishes. Provided that they comply with the procedure specified in the legislation, people who are sick have the right to freely choose the personnel who will provide health services to them. However, patients who comply with the procedures specified in the legislation have the right to change the physician who is interested in their treatment and to request the consultation of other physicians. A sick person who needs health care has the right to request a change of this physician even if the health care he needs has started to be provided by a physician and continues to be provided. However, in addition to the physician who provides health services to the patient, it is also possible to change the personnel who will provide or are providing health services while freely choosing them is recognized as a right. When the rights to select the staff, to change the physician and to request a consultation are exercised, the wage difference specified in the legislation must be covered by the patient exercising these rights. When the patient requests to change the physician who provides health services to him, he / she meets the fee difference that arises in return for this request.
Another right included in the right to benefit from health services is the right to request the determination of the order of priority. In the event that the person who has requested health service is not met in a timely manner due to the fact that the facilities of the service provided by the health institution are not sufficient or the services and facilities provided by the health institution are limited, it is possible for the person who is sick to request that the priority right be determined based on medical criteria and objectively. The provisions of the relevant legislation should be applied in determining the order of priority in relation to emergencies and judicial situations and the elderly and the disabled.
Another right granted within the right to benefit from health services is the appropriate diagnosis, treatment and care for the requirements of medicine. A person who is sick according to his medical requirements for appropriate diagnosis, treatment and care has the right to request that he be diagnosed in accordance with the requirements of modern medical knowledge and technology and that he be treated and cared for in accordance with these requirements. In addition to providing patients with the right to appropriate diagnosis, treatment and care with medical requirements, there is a prohibition on interfering with patients other than medical necessities. It is not possible to do anything that is likely to cause death or life-threatening or that results in a violation of bodily integrity or that is likely to reduce mental or physical strength without any painless treatment or purpose of its establishment. It is not possible to carry out such intervention, as well as to demand it. Another important situation in health law that should be mentioned in patient rights is the prohibition of euthanasia. We have already said that it is forbidden to intervene except for medical necessities. Euthanasia is also prohibited. Euthanasia is the termination of the life of a patient who has lost hope in his life and who is known to die by a physician at the request of the patient with the aim of ending his suffering as soon as possible and at the request of the patient. In other words, at the request of the patient, the physician kills a patient who is certain to die. This is prohibited in our Law. It is not possible to give up the right to life by betting on medical requirements or for any reason. It is not possible to give up one's right to life even if it is highly probable that a person will die, if it is guaranteed that he will die, and even if there is no hope that he will not die. If it is a question that one's life will definitely give you, and even if the person wants it himself or even if it is someone else's will, it is not possible to end one's life. Physicians cannot end the patient's life even if he has his own suitor. Euthanasia is prohibited in our law. The physician does not have the right to end the patient's life for any reason.
Within the right to benefit from health services, the patient also has the right to be given medical care. Staff are under an obligation to exercise medical care in relation to circumstances caused by the condition of the person who is ill. Even if it is not possible to save the life of the person who is sick or to protect the health of the person who is sick, the staff has an obligation to work to reduce or alleviate the suffering of these people. Therefore, the necessary care should be taken by the staff regarding the patient's condition. Any hospital or clinic that violates these obligations and responsibilities is financially and morally liable to the patient.
Right to Information on Health Status
Each individual has the right to request information about his or her health status, about the available health services, how to ensure that he / she benefits from these health services, and about all scientific research and all technological innovations. Authorized persons and professionals providing health services are under the obligation to ensure that the patient is informed in a way that the patient understands by examining the religious, language, origin and similar characteristics of the person who is sick. Information about health services should be easily accessible. Bureaucratic barriers to health care need to be removed. It is necessary to train the service persons who will provide health services, that is, the health personnel, and to prepare and present materials with information content. People who are sick have the right to request information about their illness contained in the files relating to themselves and in the records of those sick persons. However, people who are sick have the right to reproduce the information in the files and records containing their information by photocopying, to ask questions about them and to request that if there are any errors, they are corrected. People who are sick can request detailed information from health institutions. Authorized persons are under the obligation to provide this information to patients. All health institutions are required to provide the information requested by people who are sick in a way that meets the information needed by those who are sick.
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What Information Is Given to Patients Regarding Their Health Status?
People who are sick are informed about the possible causes of their current diseases and how they will progress. Thus, the patient can have information about the cause of his disease and how his progressing processes are. Patients should be given an estimated time as to who will perform the medical intervention and where and how this medical intervention will be performed. Thus, patients learn who will perform medical interventions to be applied to them. However, these people learn where to enter the medical intervention and how and how to do this with the right to ask for information. However, they may also ask to be given an estimated amount of time. People who are sick have the right to learn about other diagnosis and treatment options, the benefits and possible risks of these options and the possible effects on the patient's health. It is possible for patients to receive information about the course of their current disease after the treatment they will receive, that is, the status of the benefit provided to them by the application after this application. However, patients have the right to learn what the risks that will arise as a result of the medical intervention to be performed on them and the possible effects of these risks. Patients have the right to request information about what possible complications will arise in relation to their disease. Patients may also refuse treatment. In such a case, the patient has the right to be informed about the possible benefits and risks that may arise from the refusal of treatment. There is a availability of medications for patients to use in relation to the disease. Patients have the right to request information about what are the important features of the drugs they will use in relation to their diseases. It is possible for patients to request information about the condition of the drugs they will use, their effects on them and their relationship with these diseases. Patients have the right to be provided with information on how to access medical assistance on the same subject when necessary according to their situation. The hospital that does not provide this information is deemed not to have fulfilled its responsibilities and is legally liable.
Is it possible for patients to review their records?
It is possible for patients to examine and copy the file containing information about their health status and the records related to them directly or through their representatives or with their legal representatives. These records related to the patient can only be seen by those who are directly related to the patient's treatment. It is not possible for the records to be seen only by people who are not directly related to the treatment of the patient. It may be the case that there are some errors, problems and deficiencies in the records. In such a case, patients have the right to request that the sheep be corrected. In the event that patients have ambiguous, incomplete or erroneous type and personal information in their records in health institutions and health institutions, it is possible to request that they be completed, corrected, explained and adapted to their essential health status and personal situation. The right of patients to request the correction of records includes the right to object to reports on the health status of patients and to request the issuance of a new report on the health status of the same or other institutions and organizations.
How is Information Given to Patients?
The information to be given to patients should be given as simply as possible. This information should be clear and unambiguous so that patients do not hesitate with the information they receive. The information to be given to the patients should not be doubted and should not leave question marks in the patient's mind. Patients should be given the Wise in a way that the patient can understand in accordance with the social and cultural level of the patient. The patient is verbally informed about the health to which the medical intervention has been performed and the medical intervention to be performed by the herd. In cases where it is necessary that the health member who will perform this information and medical intervention is different, it is possible to make this information by another qualified health member in case of a situation as to whether it is sufficient to inform the patient provided that he / she makes a statement about this situation. It is essential that the person who is sick is informed himself. In other words, the person who should be informed first is the patient. In the case of a request that another person be informed instead of the person who is sick, it is possible to inform only the persons who are requested to be informed, provided that this request is recorded in writing with the signature of the person. The person who is sick also has the right to obtain a second opinion from another physician regarding his / her health condition. In other words, after the patient receives information from a physician about his condition, there may be an opinion from another physician about the same situation. Except for emergencies, the information to be given to the patient is made by giving the patient a reasonable period of time. The information about the cost of the procedure to be performed upon the request of the patient is given by the relevant units of the health service provider. The patient has the right to contact the relevant units of the relevant health service with information about the cost of the procedure to be performed and to obtain information from them.
What are the situations in which patients should not be informed?
In some cases, information should not be given to patients. In such cases, patients should not be informed. Thus, it may be necessary to hide the diagnosis in cases where the patient's disease is likely to increase by having an intense effect on the patient's spiritual structure and in cases where the course of the disease is considered important or the outcome of the disease. In the absence of treatment by a physician Facility, it can only be felt and reported to the patient by a physician and in full need. In the event that the patient does not have a request to the contrary and the person to be disclosed is not determined in advance, such a diagnosis is notified to the family. In some cases, it may be prohibited without notice. Except where the measures to be taken by the competent authorities specified in the provisions of the relevant legislation are necessary, the person has the right to request that his relatives or no one else be informed about his / her health status. In such a case, the provision of information is prohibited. Thus, the decision of the person is taken in writing. It is also possible for the patient to change the request not to be informed at any time, so that he can also request that information be provided.
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The Right to Respect for Privacy
Patients' rights need to be protected. One of the rights of patients that should be protected is the right to respect for privacy. The right to privacy includes the confidentiality of medical conditions related to the patient's health status. However, the examination to be made to the patient, the diagnosis, the treatment or other procedures to be carried out regarding the patient are carried out in a reasonable confidentiality, a relative is allowed to take part in the patient's presence in cases where it is not medically objectionable, people who are not directly related to the treatment of the patient are not involved during the medical intervention, if the nature of the disease does not require it, no intervention is made in the patient's personal life and family life, and health expenses it covers keeping the source confidential. It is not possible to say that the right to privacy of patients ends with death. Even if the death of the disease occurs, the right to privacy continues.
Respect for patients' privacy is essential. However, it is possible for the person who is sick to make a clear request for the protection of their privacy. All kinds of medical interventions that can be performed on patients are made taking into account the respect for the patient's privacy. When intervening with patients, attention is paid to whether the patient's privacy is respected. As we said above, the right to respect privacy and to be requested by the patient includes the confidential conduct of medical evaluations and other situations regarding the patient's health status. The fact that the Death of Patients occurs does not mean that the privacy of patients will not be respected. Even if people who are sick die, they still have the right to have their privacy respected. If it is the case that those who are not directly related to the treatment of the patient are present during the medical intervention in the health institutions and organizations where the training is provided and if this is necessary, the consent of the patient must be obtained from the patient in advance or during the treatment.
The Right Not to Undergo Medical Surgery Without Consent
Patients have the right to be subjected to type practices without their consent. Except for the exceptional cases specified in the Law, it is not possible for anyone to be subjected to medical practices without his consent and in a manner incompatible with the Consent he has given. In cases where the probable evidence of the crime committed by the person suspected of having committed or participating in a crime is thought to be in the body of the victim or himself, it is up to the judge to subject the accused or the victim to medical surgery in order to establish this evidence. If there is a situation where a crime has been committed, it is possible to take some action on the victim or the accused by the judge's decision. If there are any circumstances in which it is inconvenient to delay, this intervention may also be made upon the request of the public prosecutor.
Right to Request Confidentiality of Information
It is possible for people to request that their closest relatives or no one be informed about their health status. In such a case, the person's decision must be taken in writing. The person who is sick also has the right to change the request not to be informed at any time and to request that this information be provided again. It is not possible to disclose the information provided due to the provision of health services in any way except for the cases permitted by law. Even if the work is based on the desire, the disclosure of information and the legal responsibility of the persons disclosing it in cases that result in the complete renunciation of the personality rights of these persons and the transfer or excessive limitation of these rights of the persons do not disappear. Disclosure of information that has the possibility of harming the patient without a morally and legally valid reason and a morally and legally justifiable reason reveals the legal and criminal responsibility of the staff and other persons. If the information of the persons is disclosed without a justifiable reason, the persons concerned shall be legally responsible for this situation. Even within the activities to be carried out for educational purposes and research purposes, it is not possible to disclose the patient's identity information without his own will. Even in the activities carried out for my education and research, it is necessary to rely on the consent of the patients.
The Right to Security
Every person has the right to be protected from poor service provided by health services and from damages caused by medical errors and errors. It is possible to benefit from health services and treatments that provide high security. Every person has the right to expect to be safe in health institutions and health institutions and to request to be safe within these institutions. The right of individuals to request to receive services safely in health institutions is their most natural right. All health institutions and all health institutions should take the necessary precautions in the best way in order to protect and ensure the safety of life and property of people who are sick and their relatives such as visitors of these patients and their accompanying persons. Health institutions and health institutions have the obligation to give these security measures to the relatives of the patients. The provisions of special legislation regarding the protection of detainees and convicted persons within health institutions and organizations are reserved.
The Right to Perform Religious Duties and to Benefit from Religious Services
Health institutions and health institutions have the obligation to take the necessary measures for patients to fulfill their religious duties freely within the scope of their own means. Patients have the opportunity to do the homework required by their religion freely in health institutions and health institutions. It is possible for people who are sick to do their own religious homework, provided that the services provided within the institution do not cause disruptions, do not disturb other people and that no intervention is made to the medical treatment arranged and carried out by the staff. When sick people make a request to support them spiritually in order to be able to fulfill their religious duties, it is possible to invite a religious official in accordance with their own religious beliefs. For these demands of the patients, an appropriate time and place should be determined in health institutions and health institutions. How and when the rights to fulfill the religious duties given to the patients and to benefit from their religious services will be benefited and the measures to be taken in relation to a subject should be regulated separately in the legislation in which the working procedures and principles of the health institutions are indicated. However, the patient has the right, with the help of an appropriate representative, to accept spiritual and spiritual consolation and to refuse spiritual and spiritual consolation. It is not possible for patients to worship in random places within the institution. When the facilities of the institution are available, it is possible to reserve places for people who want to fulfill their religious duties.
Respect for Human Values and the Right to Visit
Another right included in the rights of patients is respect for human values and the right to visit. The person who is sick has the right to benefit from health services in a way and environment that is appropriate to his personality values. All personnel working in health services are obliged to treat people who are sick, the relatives of these sick people and the visitors of these sick people in a friendly and kind, compassionate manner and in accordance with the provisions of the legislation and regulations related to health services. The personnel involved in the health services should not show a rude and bad attitude to the patients, the relatives of the patients, the visitors of the disease. At every stage of the health services, the necessary information is given about the people who are sick and the reasons for which and how the procedure is done, how to do it, considering the body and mental conditions of these people, and if there is a situation where these people are kept waiting, the reasons for waiting. The information about how the procedures to be given to the patients will be done and why, if there is a waiting, what are the reasons for the waiting should be sufficient. In health institutions and health institutions, all kinds of necessary persons worthy of human dignity should be provided. Within health services, every procedure must be healthy. However, when providing health services, noise and all other disturbing factors must be eliminated. If the store requires the situation to exist, it is possible that the issues we have focused on can be made the subject of demand by the patient. The acceptance of visitors of people who are sick should be carried out in accordance with the procedures and principles determined by the institutions and organizations and in a way that does not cause acts and attitudes that will cause the disturbance of the peace and tranquility of the patients. It is necessary to take measures related to this issue. In the case of inpatient treatment institutions, in the case of visits by relatives of patients hospitalized in these institutions, it is possible to grant leave in the afternoons at the hours determined by the Chief Medical Officer, provided that they are every day or a few days a week, taking into account the regional conditions and the situation of the institution to be visited.
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Right to Have an Accompanying Person
Another of the rights that patients have is the right to have a companion. Patients have the right to request to have an accompanying person in order to help the person who is sick during the examination and treatment within the legislation and if the facilities of the institution allow and to the extent required by the patient's health condition in proportion to the approval of the physician responsible for the treatment. How and when to use the right to have an accompanying person and the measures to be taken regarding the presence of an accompanying person should be regulated separately in the legislation that has set out the working procedures and principles of health institutions and health institutions.
The Right to Provide the Service Outside the Health Institution and Organization
Another of the rights that patients have is the right to provide services outside of health institutions and organizations. In some cases, it is possible for people who are sick to benefit from health services at their location. If preventive health services are provided, people who are sick can benefit from health services at their location. It is possible for patients to benefit from health services in the places where they are located in cases where they cannot go to the health institution themselves due to medical reasons or it is not possible to take them themselves. However, in cases of extraordinary circumstances such as natural disasters, patients can benefit from health services in the places they have found. The procedures and principles provided for the provision of the service outside the health institution must be regulated separately by the ministry.
How to Get Hospital Consent and Permission in Medical Intervention?
An important situation within the health law is the consent of the patient in medical intervention. The consent of the patient is required for medical interventions to be applied to patients. Permission must be obtained from the patient before the intervention is performed. If the person who is sick is a minor or inconvenient, permission must be obtained from the parent or guardian of these persons. The fact that the person is a minor or under guardianship does not mean that their consent will not be obtained in the medical intervention. Even if the person who is sick is a minor, permission must be obtained from the guardian and permission must be obtained from the guardian if he is under guardianship. This condition is not required in cases where the person who is sick does not have a parent or guardian, or if there is a guardian but not present, or if there are situations where the patient does not have the power of expression. Even if the consent given by the patient's legal representative is sufficient, it is necessary to ensure that the patient, who is small or limited enough to understand what is being told to him, participates in the information process and the decisions to be taken regarding the treatment as much as possible by resting. It is necessary to take the necessary measures to inform and consent to be taken by health institutions and health institutions in accordance with the situation of people with disabilities. If there is a situation such as non-consent given by the patient's legal representative and if it is necessary for him to intervene, it is subject to the court decision in accordance with the provisions given in the Turkish Civil Code in order to be able to provide medical intervention to the patient under guardianship and custody. These provisions relate to the protection of the child and other Measures. The guardianship authority is under the obligation to dismiss and issue warnings, as well as to take all other measures necessary for the protection of the person under guardianship. If the interests of the child and the development of the child are in danger, the judge has the right to take appropriate measures for the protection of the child if the parents are unable or unable to remedy the situation. In such cases, a court order may be made to provide medical intervention. The wishes of a patient who is not capable of expressing his own will at the time of the medical intervention should be taken into consideration. In cases where the state of sufficiency is lost at some times and for recurrent diseases, it is possible that the person who is sick may be asked to give consent for medical intervention to be performed in relation to the periods in which he has lost this sufficient amount during the period in which he is sufficient. If the consent of the person who is sick has not been obtained, if there are emergency situations where there is a danger to life and the person who is sick is unconscious, and if there is a condition that will cause the patient to lose an organ or become unable to perform its function, consent is not required for it to be possible to provide medical intervention to the sick person. In the case of the existence of such situations, medical intervention does not depend on the consent of the person. In these cases, the necessary medical interventions should be made to the person who is sick and the situation should be recorded. However, in the case of such a situation, if possible, in the event that the relative or legal representative of the person who is sick is not possible and the patient's relative or legal representative is informed after the medical intervention, it is necessary to inform the patient's relative or legal representative. However, for medical interventions to be performed after the opening of the consciousness of the sick person, consent procedures should be applied depending on the sufficient and expressive power of this person. The post-discharge treatment plan, which includes information such as general health status, control dates, medications, diet or what to do after the patient, who completes the treatment in health institutions and health institutions as an inpatient, should be verbally explained by a health member. Then, a copy of the epicrisis containing the treatment plan made to the patient should be given to the person who is sick.
Patients have the right to refuse and stop the treatment to be applied to them. When faced with such a situation, patients can stop or refuse when they do not want the treatment to be applied to them. In the absence of a situation required by the law and provided that the responsibility for the negative consequences that may occur belongs to the patient, the person who is sick may refuse the treatment that is planned to be applied to him or whose application is ongoing. However, if the person who is sick is not required by the law and takes responsibility for the negative consequences that may arise, he may request the suspension of the treatment planned or ongoing to be applied to him. In such a case, the results that may occur as a result of the treatment should be explained to the person who is sick or to the legal representatives of this patient or the patient's relatives. It is also necessary to obtain a written document showing that the patient or the patient's legal representatives or relatives should be told and showing this. The exercise of the patient's right to refuse and stop treatment cannot be used against the patient to re-apply to the health institution.
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In addition to the patient's punishment in medical interventions, another important case is the presence of the consent form. For medical interventions that are deemed possible to cause any dispute with the situations stipulated in the legislation, a consent form is prepared by the health institution and by the health institution in which the information in the relevant provisions is included. There are some information that must be included when in the form. The availability of the information required to be included in the consent form is important. The information contained in the consent form must be transferred orally to the patient and this consent form must be signed by the patient or the patient's legal representative. The consent form must be signed in two copies. One copy of the consent form, which must be taken under two copies, is placed in the patient's file and the other copy is given to the person who is sick or to his legal representative. In the case of the presence of emergencies, this declaration must be taken with a signature in cases where medical intervention is not accepted by the patient. However, if there is a refusal to sign, this situation should be recorded. The consent form must be signed by the person who needs to inform and the health professional who will perform the medical intervention. The relevant health professional is responsible for the accuracy of the information provided. Consent forms must be protected in accordance with archival legislation.
How is the Patient's Consent in Medical Intervention? How is the Patient's Consent Valid for Intervention in the Deed?
Except for exceptional cases stipulated in the legislation, the consent given by the patient does not depend on any form. The consent obtained from the patient contrary to law and morality shall be null and void. However, it is not possible to make the intervention based on the consent obtained from the patient contrary to the law and morality. No intervention can be made with such consent.
How Should Consent Be Given to Organ and Tissue Collection?
It is not possible to remove organs and tissues of people who are younger than 18 years of age and who are not willing. The removal of organs and tissues for treatment and scientific purposes from persons whose conditions are complete should be carried out according to the written form requirement regulated in the Law No. 2238 on organ and tissue retrieval, storage and transplantation. The purpose of the law on organ and tissue storage, preservation, vaccination and transplantation is to include provisions related to the retrieval, preservation, vaccination and transplantation of organs and tissues for treatment, kinds and scientific purposes. From the term organ and tissue in the law on organ and tissue storage, vaccination and transplantation, it is necessary to understand all kinds of organs and tissues that have formed in the human organism and the parts of these organs and tissues. No one can allow the buying and selling of their organs and tissues in exchange for a price and another benefit. It is forbidden to buy or sell organs and tissues of individuals for a price or for profit. It is not possible to remove organs and tissues from people who have not completed the age of 18 and who are not willing. From these people there and it is forbidden to touch. In order to be able to take organs and tissues from people who have completed the age of 18 and are believers, there must be some conditions. In order to obtain organs and tissues from persons who have not completed the age of 18 and who are incapacitated, the donor must be approved by a physician in the presence of at least two defendants in a clearly conscious and uninfluenced manner, in writing and signed, or orally in front of at least two witnesses, what he has done and what he has signed. This is a mandatory procedure. When these conditions are met, it becomes possible to take organs and tissues from a person who has completed the age of 18 and is a believer.
The retrieval of organs and tissues from the dead is reserved in cases related to the preservation of birds and the work of scientific inquiry of corpses. These situations are included in the law. If any person has not stated in an official written will that he has left his whole body or his organs and tissues for diagnostic, scientific purposes and treatment purposes in his health, or has not clarified his request in this regard in the presence of two witnesses, the spouse, the children of the descendant who were with him at the time of his death, respectively, his mother or father or, if we cannot mention the existence of these persons, any of his relatives who were with him, the organ or tissue from the deceased; It is possible to take it. If a will to the contrary has not been submitted, it is possible to remove tissues that do not make any changes to the corpse, such as the cornea. It is not possible to remove organs and tissues if the death has clearly stated that he is against the removal of organs or tissues from him after his death during his own health. If there is no question of the presence of the persons mentioned in addition to a person whose life has ended due to the severe damage suffered by his body as a result of accidents or natural disasters, the healthy organs and tissues shall be documented by the report of the board of physicians specified in the provisions of the law that they are not dependent on the organs to be taken in case of medical death, and the will and consent in cases where there is urgency and medical necessity in transplantation It is possible to perform organ and tissue transplantation without the need to search for it. In such cases, the forensic autopsy is performed after the completion of these procedures. The report of the board of physicians shall be included in the autopsy and forensic examination report and shall be attached to the documents. However, it is possible to give the bodies of the bodies whose bodies have been bequeathed to be used in research and examination practices after his death, and those who have died in inpatient treatment institutions or who have been brought into morgues and whose death examination or autopsy has been completed and whose death examination or autopsy process has been completed, to be preserved for up to six months and to be used for scientific research, unless a will to the contrary is in question. The procedures in which the bodies in question, including burial, will be included shall be determined by the ministries of justice, interior, health and social welfare and within the regulation to be issued within three months from the date of publication of the law on organ and tissue storage, vaccination and transplantation. In cases where it is not possible to procure the cadaver needed for the purpose of medical education sufficiently from within the country, it is also possible to procure it from abroad provided that the cadaver or part of the cadaver has not been procured from persons who have died as a result of genocide and crimes against humanity. The procedures and principles to be determined regarding the supply of kadara part or cadaver and the authorization of the persons or organizations that will procure so much from abroad belong to the Ministry of Health.
Is Consent Required for Family Planning Services and Termination of Pregnancy?
It is not possible to use drugs and tools other than medicines and tools determined by the ministry for family planning, whether or not the permission of the persons concerned is in question. The conditions stipulated for the termination of pregnancy can be accessed from the provisions given in the Law on Population Planning No. 2827. Population planning defines the ability of people to have children as many times as they want and when they want. The state must take the necessary measures to carry out the implementation and teaching of population planning. Population planning is ensured by preventive measures against pregnancy. The process of termination of pregnancy and sterilization must be carried out under the supervision and supervision provided by the state. In cases of termination of pregnancy and sterilization, the patient's consent and the consent of his or her spouse are also required if this patient is married.
Scope of Consent in Medical Interventions and Situations in which Consent Will Not Be Sought
When obtaining consent for medical intervention, the person who is sick or his legal representative must provide the patient with information explaining the subject and consequences of the medical intervention. The consent of the patient also includes routine procedures that are the continuation of the process required by the medical intervention and should be considered mandatory. The medical intervention to be performed should not exceed the limits of the consent given by the person who is sick. In other words, the medical intervention to be performed should be within the limits of the consent given by the person who is sick. When the type of intervention should be performed on the sick person, the extension of the procedure should be extended when the patient is reborn, if it will result in the loss of an organ of the patient or the dysfunction of a function of this patient, and in the case of such a medical necessity, it becomes possible to extend the medical intervention without the need to seek consent.
What are the Obligations of the Physician?
There are some rules that physicians must follow. With the observance of the rules, the relationship between both the patient and the physician can progress in a healthy way. However, the protection of the patient-physician relationship depends on these rules. There are rules that require physicians to sleep when they are performing their profession as they should. All physicians who have earned the profession of medicine and who will perform this profession must comply with these rules. Physicians have duties and duties that they have while performing their profession. They must perform these duties and tasks. It is possible to talk about what these tasks and tasks are. The primary task of the medical doctor is to prevent diseases and to fulfill the scientific requirements of these diseases. However, medical doctors should try to heal patients. While trying to heal the sick, it must also protect the life and health of the person. Another of the primary duties of the physician is to consider human dignity while performing his profession. Physicians need to follow the developments in order to perform the tasks they need to perform. However, medical doctors need to follow some principles while performing their duties. These countries are universal principles of medical ethics. The universal principles of medical ethics encompass the principles of beneficence, non-harm, justice and autonomy.
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Another one of the obligations of the physician is impartiality, conscience and professional opinion, and the obligation to keep secrets. First of all, the physician must be impartial. In other words, the physician should adopt a neutral attitude. In all cases, medical doctors, while performing their duties, should not take into account in any way the differences between patients such as religion, language, race, gender, ethnicity, nationality, social status, political opinion, gender identity, sexual orientation, age, economic and social status. Physicians have conscientious and professional conviction when asking for you. It is possible for those who are medical doctors to act according to their own conscientious and professional scientific conviction while performing their profession. Depending on the situation, they can use their professional scientific convictions and conscientious sides. Medical doctors have an obligation to keep secrets. In other words, it is not possible for medical doctors to disclose the secrets they have learned from their patients while performing their profession. However, the fact that the patient whose secret he has learned has died or has broken off his relationship with him does not eliminate this obligation of the medical doctor. Even if the patient has died or the relationship with the doctor has ended, the medical doctor must fulfill the obligation of secrecy. The medical doctor is not under the obligation to keep this secret, provided that the patient's personal rights are not harmed when the person who is sick gives consent or the fact that the keeping of his own secret endangers himself or the life of other people. If this is the case, the medical doctor can be relieved of the obligation to keep the secret. However, the point to be considered is that the keeping of the secret brings harm or endangers the patient's own or other people's lives and the patient's personality right should not be damaged after the disclosure of the secret. When such a situation exists, the medical doctor is under no obligation to keep secrets. In the case of legal obligations, the fact that the medical doctor prepares a report does not mean that the professional secret is disclosed. In other words, the fact that the physician issues a report when there is a legal obligation does not mean that he violates the obligation to keep secrets. If the medical doctor is brought to court as an expert witness or witness, it is possible for him to withdraw from these duties by claiming that the current incident is a professional secret.
Another convict of physicians is emergency assistance. If there is an emergency, the physician is under the obligation to provide first aid in the absence of necessary medical interventions, regardless of his duty and expertise.
Physicians have commercial purpose and advertising prohibition obligations. It is not possible for a medical doctor to advertise while practicing his profession. Medical doctors cannot advertise in relation to their profession. However, they themselves cannot be vehicles in commercial advertising. It is not possible for medical doctors to give a commercial appearance to their work. Physicians are under the obligation not to engage in misleading behaviors that reduce panic and mislead people. Medical doctors cannot engage in behaviors that lead to unfair competition among their colleagues. In the case of announcements to be made by medical doctors through broadcast tools, it is possible for them to report the working hours and working days of the specialty accepted in the Medical Specialty Regulation. The dimensions and form of signage or similar promotional devices are determined by the local medical chamber.
There are some legitimate and prohibited methods to which physicians are subject. Medical doctors should consider the effects of preventive medicine with modern and scientific diagnostic and treatment methods while performing their profession. It is not possible to apply non-scientific methods in the diagnosis and treatment of people who are sick. Non-scientific methods can not be used in the diagnosis and treatment of the disease of people who are sick. It is not possible for the physician to pass through the necessary scientific stages and use unlicensed chemical biological pharmacological substances as medicines. Such substances can not be used by a medical practitioner.
Another important situation that needs to be emphasized in relation to the obligation of physicians is the bad practice of medicine. Poor practices of the physicians' profession are a possible occurrence. So much so that if physicians harm a patient due to ignorance, inexperience or apathy while performing their profession, this constitutes a situation of poor practice of medicine. The physician is responsible for the damages that will occur on the patients with the bad application of the physicians to the profession. The physician should not practice his profession badly. The physician must be relevant while performing his profession.
It can be said that the prohibitions to which physicians are subject are the age of non-intermediary and the law of benefiting from relations with industry. Physicians are subject to the prohibition of intermediation and the use of intermediaries. Medical doctors cannot send patients to other physicians or examination treatment institutions in exchange for a financial benefit. In other words, it is not possible for medical doctors to send patients to other doctors or organizations in exchange for an interest. However, it is not possible for medical doctors to use intermediaries to provide patients. Medical doctors are subject to the prohibition of benefiting from industrial relations. It is not possible for medical doctors to have any interest relationship with existing industry organizations. However, the relations established for scientific research and education should be transparent and institutional. In such relations, the principles of physician and drug promotion prepared by the Turkish Medical Association are valid.
What are the responsibilities of physicians towards each other?
In addition to their obligations to patients, physicians also have some obligations to their colleagues. Physicians must fulfill their responsibilities to each other while performing their profession.
Among the responsibilities of physicians towards each other, the first is the obligation of colleagues to respect each other. So much so that respect must be ensured among colleagues. The medical doctor is under the obligation to establish good relations with his colleagues and other professionals who are interested in human health. Medical doctors may not engage in any humiliating behavior towards their colleagues or any other member providing treatment.
Medical doctors need to be in professional solidarity. Medical doctors must protect their colleagues from any professional humiliating or unjustified attacks.
Medical doctors must observe the protection of the right to education. Medical education constitutes the process of accessing the competence required within the profession. Therefore, since it is the process of reaching competence, it constitutes a fundamental component for the protection of the values of the profession. Any medical doctor in a position of instructor should refrain from behaviors that violate or degrade the quality of a colleague under his obligation to have an acquired education. The medical doctor should refrain from taking part in such practices.
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Physicians are subject to the prohibition of non-competent activities. While medical doctors are performing their medical duties, it is not possible for them to make an intervention that requires special knowledge and skills if the delay will not cause a mandatory situation that may threaten the patient's right to life. In other words, it is possible for the medical doctor to intervene when there is a mandatory situation that can be threatened for the patient if they are delayed. However, if this is not the case, medical doctors are prohibited from performing interventions that require skills and special knowledge.
Another situation that should be mentioned regarding the obligation of physicians is consultation. Consultation refers to the diagnosis of a disease together with several specialist physicians. Physicians have obligations related to consultation and teamwork. In order for the consultation and teamwork process to function regularly and to be implemented as a physician's right, some conditions must exist. Thus, first of all, it is possible to mention that the opinions and applications of different specialties were needed during the follow-up of the patient. When such a situation occurs, the physician who is under the obligation to carry out the treatment must inform the patient and the patient's relatives. In the consultation request, the physician who has carried out the treatment of the patient must be present in writing. When making a written request, the characteristics of the person who is sick The reasons for the consultation request should be clearly and understandably stated. Another situation in order for the consultation and teamwork process to be able to function regularly and to be able to be implemented as a physician's right is that the consultant physician should be responsible for the patient as well as the patient's permanent physician during the consultation process. The consultant physician should have scientific and technical knowledge related to his / her field. As a result of the consultation, the reasons and results related to the consultation should be documented in a clear and understandable manner with the minutes. Patients should also be adequately informed about the results of the consultation. As a result of the consultation, if there is a difference between the opinions and opinions of the physician while talking to the physician who carries out the treatment of the person who is sick and the patient accepts the recommendations given by the consultant physician, it is possible for the physician who has carried out the treatment of the patient to stop the treatment. In other words, when the recommendations of the consultant physician are accepted, the physician who carries out the treatment of the patient may be separated from the treatment. The physician to whom the consultation is requested is obliged to comply with the invitation. In other words, when a physician treats his patient and asks for a consultation from another person, this physician must comply with the request of the physician who has made the request. If these conditions you have mentioned are fulfilled, the consultation and the single study process can be carried out regularly and it may be possible to start life as a physician.
Another situation that is among the obligations of physicians is the obligation to notify the room. If a medical doctor cannot reach an agreement with his colleagues on the practice of the profession and a disagreement falls, or if a colleague who has misbehaved in terms of medical ethics deliberately continues his misbehavior, he is under the obligation to notify the local medical chamber of the existence of such a situation. So much so that when a physician is involved in a dispute with his colleagues about the practice of the profession, he can report it. However, the physician is under the obligation to report that his colleague has caught a wrong behavior in terms of medical ethics and that his colleague has deliberately continued this behavior. Notification is made to the local medical chamber.
What are the Obligations of Physicians to the Patient?
Physicians have obligations to patients. Physicians and patients must fulfill their obligations in order to ensure that the physician-patient relationship is carried out in a healthy way. First of all, it is possible to talk about the obligation of physicians to respect patients. Medical doctors must respect patients' rights. When making decisions about the health of the patient, the medical doctor is under the obligation to respect the patient's rights, such as informed consent, the right to be informed, the right to accept treatment or the right to refuse treatment. However, patients have the freedom to choose their judgments. Patients have the freedom to choose the physician by taking into account the diameter, the nature of the application and the conditions of the institution, provided that they comply with the rules specified in the legislation. In the presence of these conditions, the patient is free to choose the physician he / she wants.
There are prohibitions to which physicians are subject in relation to the obligations of physicians towards patients. There is a prohibition on treatment without examination, to which physicians are subject. It is not possible for medical doctors to start treatment without examining the patient himself, except in the case of mandatory situations such as emergency cases. So medical doctors need to examine patients before treating them. After the examination, treatment is started.
There is the existence of the influence of physicians on patients. So much so that while the physician has an effect on the patient, it is not possible to use this effect other than for medical purposes. In other words, the physician cannot use the effect on the patient for any different purpose.
Another of the obligations of the physician to the patient is related to not undertaking or abandoning treatment. If the medical doctor decides that he cannot properly apply his medical knowledge and only if there is another physician to whom the medical doctor's patient can apply, he has the right not to undertake the care and treatment of the patient. However, it may also be possible for the medical doctor to abandon the treatment. It is necessary to mention the important points here. First of all, it is necessary for the physician to decide that he will not apply it as required by his medical knowledge. However, there should be the presence of another physician to whom the physician may be able to apply the patient. If these conditions are met, the physician has the right not to undertake care and treatment or to leave a treatment comment. If these conditions are met, the physician who will stop the treatment should explain the current situation and the patient that the patient's health will not be endangered. However, it is also possible to tell the patient or the patient's relatives. The physician should inform them about the availability of other facilities for medical assistance. In the absence of a second physician, it is not possible for the physician to leave his patient. In other words, it is necessary to have another physician in order for the physician to leave the patient. The patient cannot be left without another physician. The medical doctor is under the obligation to give all the information about the patient to the colleague who undertakes the treatment. An Istanbul health law lawyer examines whether these obligations have been violated on behalf of his client.
Another important situation that should be mentioned regarding the obligations of the physician towards the patient is informed consent. Informed consent refers to the process by which the sick person is adequately informed so that it is possible for the person to consent to the medical procedures to be applied to him/her, or for the patient to be able to refuse these procedures, to reflect on the information he / she has received and to freely declare his will. The physician provides the patient with the patient's health status, the diagnosis made to this patient, the type of treatment method proposed in relation to the patient's disease, the chance of success, the duration of the patient's treatment, the risks that this treatment method carries for the patient's health, the use of the drugs given and the possible side effects of these drugs, the consequences of the disease in the event that the patient does not accept the recommended treatment, the possible treatment options and the issues related to the risks obligation. The clarification to be made by the physician should be of a nature that takes into account the social, cultural and mental status of the person who is sick. This information must be given in such a way that it is possible for the person who is sick to understand it. The patient himself should determine the people who need to be informed other than the person who is sick. Any attempt at health can be done with a person free and enlightened to him. If the consent obtained from the patient is obtained through threatening, incomplete clarification or deception, it constitutes invalidity. That is, whether it has actually been taken or threatened under duress, should not be done with deception or incomplete. To be done under these circumstances carries the invalidity to it.
In the presence of emergencies and in cases where the person who is sick is a minor or this person is unconscious or unable to make a decision, the permission of the person's legal representative must be obtained. If the physician is of the opinion that the patient's representative has a bad intention that you have not given permission and this situation endangers the life of the person who is sick, permission must be obtained by reporting the situation to the judicial authorities. If this is not possible, the medical doctor should try to consult another colleague or simply attempt to save lives. In the presence of emergencies, it is at the discretion of the medical doctor to intervene. The treatment of some diseases may be mandated by law. In such a case, since these diseases threaten public health, the patient should be treated without the need for the informed consent of the patient's legal representative. The informed consent given by the patient can be withdrawn at any time.
Among the obligations of physicians is to allow patients to exercise their right not to be informed. If the person who is sick has clearly stated that he does not want to receive information about his / her disease, the physician is not obliged to give this information to the patient. In other words, if the physician does not want the patient, he should not be informed. Informing the patient's family should be done on the condition that the patient agrees. If the presence of the patient in the unconscious state is in question, it is up to the physician whether the relatives of these patients should be informed or not. If the patient's relatives need to be informed according to the current situation and the physician has reached this conclusion, it is possible to inform the patient's relatives. However, if the physician is of the opinion that the relatives of the patients do not need to be informed, the relatives of the patients are not informed.
Another condition among the obligations of the physician is to help terminal patients. The terminal period is called the period during which the vital functions of the patients are expected to end within a certain period of time. In other words, the terminal period means the last stage in the life of the person who is sick. The physician should try to provide all kinds of assistance to the patients in the terminal period and to provide conditions worthy of human dignity and to reduce the suffering as much as possible.
Physicians are subject to the prohibition of unnecessary expenses. It is not possible for medical doctors to recommend expensive drugs and methods unless there is a definite necessity, regardless of the financial situation of their patients. Medical doctors cannot make their patients spend unnecessary expenses. If the treatment will not benefit the patient, if there will be no action to cure the patient's disease, the physician cannot give such a treatment to the patient.
Another situation among the obligations of physicians is the provision of relevant information to the patient and their use. Medical doctors are under the obligation to provide sick persons with a broad summary of the information contained in their files and copies of this information and documents if the patient wishes. It is not possible for medical doctors to give this information about the patient to someone else in the absence of a legal obligation. Medical doctors have the right to use this information belonging to the patients in the research to be carried out on the file, provided that the identity information of the person who is sick is kept confidential.
Another situation that is among the obligations of physicians is to prepare reports. Medical doctors give a report about the disease to their patients who are treating them by examining themselves in the presence of a necessary condition. In this report given to patients, depending on medical reasons, there is the presence of temporary or permanent information necessary for the patient such as treatment type, rest, diet, working conditions and the presence of physician's recommendations.
What are the Obligations of Physicians Regarding Human Rights?
Physicians have many obligations. Some of these are related to the relationship between my physician and human rights. First of all, it is possible to talk about who is obliged to comply with international conventions. Every physician is under the obligation to comply with the common rules related to medicine contained in all human rights instruments, primarily the universal declaration of human rights. In other words, the principles related to medicine present in all human rights documents should be followed by physicians.
One of the prohibitions to which physicians are subject is the prohibition of assisting torture. Medical doctors cannot find their medical knowledge and medical skills in torture and similar practices. However, medical doctors cannot help with practices such as torture with these skills and do not issue false reports. If the medical doctor encounters a case related to the allegation of torture, he should use his professional knowledge and skills to reveal the truth.
There are some things that need to be said about the medical assistance that will be given to detainees and convicts. Thus, the examination of prisoners and convicts should be carried out under conditions conducive to the practice of the art of medicine, respecting the personal rights of other patients. The privacy rights of convicts and detainees shall be protected. The medical doctor also has the right to make a request to the detainee and the persons concerned in order to ensure the conditions to which the sentences will be subject. However, medical doctors have responsibilities related to this situation. The document that must be issued as a result of the examination, the name, surname, diploma number and signature of the person who is a physician must be included in a report. This document, which has been issued as a result of the examination, should be given to another copy of the report. If the document and report written by the examiner are written under duress, the medical doctor must inform the professional organization as soon as possible of the existence of this situation. However, it is possible to speak of the existence of such a situation as the refusal of medical assistance by the arrested obligator. Prisoners and convicts who voluntarily refuse the right to medical doctor examination and treatment should explain the circumstances that will arise as a result of their behavior. Prisoners and detainees shall not be subjected to forced examination and treatment, nor shall it be proposed.
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Another prohibition to which physicians are subject is the prohibition of active participation in the death penalty. It is not possible for medical doctors to ever be involved in the execution of the death penalty. Medical doctors cannot be involved in the execution of the death penalty, nor can they be an assistant to this execution. However, it is not possible for them to provide medical services within the application of the death penalty. In the presence of extraordinary circumstances and war, there are certain obligations to which physicians are subject. Physicians are under the obligation to apply the universal rules of medical ethics in an impartial manner when there is an emergency and war. If the number of patients and injured is high, medical doctors are in a position to give priority to seriously ill patients who have a high treatment opportunity if each person is not given the necessary medical assistance. So much so that medical doctors give priority to the intervention of people who are more likely to live among the patients and who have the opportunity to correct the situation.
What are the Medical Research Provisions in Health Law?
An important issue within health law is medical research. Provisions relating to medical research are included in many places. It is important to comply with the provisions relating to medical research. First of all, it is possible to talk about the situation of not having consent in medical researches. It is not possible for any person to take part in any medical intervention for research, experience or training purposes without a permission given by the ministry and without his permission. The medical benefit and the public interest expected in medical research do not constitute a superior situation. In other words, the interest of the society or the benefits of medical research do not outweigh the protection of the life and bodily integrity of the volunteer who has consented to the conduct of research on him/herself. One's right to life and bodily integrity are superior to other benefits. The fact that the volunteer has given permission for medical research does not deprive the responsibility of the persons in charge of this research. Even if the volunteer person has the consent of the medical researcher, the responsibility of the people who will take part in the research continues. There are rights of the volunteer to be split in this research. These rights ensure that the volunteer is protected and informed. The health and other personality rights of the volunteer to be divided in the research cannot be harmed. All necessary measures must be taken to protect the health and personality rights of the person who volunteers. If the possible damages that may arise as a result of the research can be determined, it is not possible for the volunteer to take part in the research even though he has permission. In other words, if there is some harm that may occur in the person who volunteers as a result of medical research, it is not possible for the volunteer to take part in the medical research in the presence of such a situation. It is important to inform the person who will volunteer about the research. The volunteer should be informed about the purpose of the research, the possible benefits and harms that may arise as a result of the research, and the possibility of giving up participating in the research. It is possible for the person who will volunteer to withdraw the consent he / she has given at the beginning at each stage of the research. When giving consent for research, there is a presence of the necessary procedures and forms in obtaining consent. It may not be possible to say that the consent of the volunteer who has not been adequately informed about the medical research in which he will be involved is appropriate. The volunteer who will take part in the medical research must be given the necessary information about the research in an adequate way. However, this person who volunteers should not be under any financial or moral pressure. In addition, consent must be obtained based on the free will of the volunteer. It is possible to say that the consent to be given for medical research is subject to the written form requirement. There are provisions relating to the status of minors and non-minors to be included in medical research. Medical interventions that do not constitute a benefit for minors and minors and that will be made only for the purpose of medical research cannot be applied under any circumstances. The consent of the parents or guardians of minors is required in order for it to be possible to conduct medical research on the condition that it is of any benefit to them.
As we said above, it is important to protect the person who will take part in the experiment. Within the type of research to be carried out on human beings, the age of the experiment, physically and mentally, as well as his health, always take place on social and scientific interests. In the case of a medical investigation, it is important what contribution is to be obtained as a result of this research, and the research should be stopped when a serious danger is suspected to your subject. It is not possible to reflect the expenses that will arise as a result of this research to the subject, the relatives of the experiment or the social security institutions.
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Turkish Medical Association Ethical Principles 13. According to the article, malpractice, that is, the malpractice of medicine, is defined as "Harm to a patient due to ignorance, inexperience or apathy".
Legal support can be provided for those who serve in the health sector or benefit from this service. In malpractice cases, consultancy legal support can be provided on medical law issues such as the compensation and/or criminal liability of the physician, the responsibilities of the hospital or private health institutions, legal disputes about the agreements concluded with the suppliers of the health institutions, the employees and patients of this institution, the rights of the patient and the physician, and the elimination of some legal disputes between the patient, the physician and the health institution.
The areas we provide services related to medical law are as follows:
Physician's Liability Cases
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