Health Law & Malpractice
Although medical issues are advanced in our age, doctors can make some medical mistakes. These medical errors we encounter are called 'malpractice'. Malpractice lawsuits are also included in the legal system with material and moral compensation and criminal cases arising from the problems arising from medical errors. Persons who have suffered damage can file lawsuits for pecuniary and non-pecuniary damages and criminal lawsuits against medical errors committed by all health professionals, especially physicians.
The World Medical Association defines malpractice as "harm caused by the physician's failure to perform standard up-to-date practice during treatment, lack of skill or not giving treatment to the patient". In simpler terms, malpractice; not doing what ought to be done, or doing what ought not to be done. Complications, on the other hand, are cases where the result does not change even though the medical procedures and applications are performed correctly and completely in accordance with the requirements and rules of medicine. The main difference between these two cases is whether the physician is at fault.
It is of great importance whether the applied medical interventions are in compliance with the law, whether the informed consent of the patient is obtained, and whether these interventions are performed by persons who are legally authorized to practice medical science professions. In addition to these, there should be no drug administration error described in article 13 of the Turkish Medical Association's Code of Professional Ethics. In other words, the ignorance, inexperience or indifference of the health personnel should not be harmed.
Just being a physician or healthcare professional does not authorize any medical intervention; Some medical interventions can only be done by physicians. For this reason, it is important to distinguish which expertise is required for which medical intervention; The determinant of this distinction is the rules of medical/health law. For example, if a general practitioner performs gastric surgery that is required by a surgeon, there is an unauthorized medical intervention.
According to the last regulation that entered into force; A citizen who claims to have suffered as a result of malpractice will first apply to the Professional Responsibility Board. As a result of this application, if the board decides that a victimization due to malpractice has developed, the citizen will have to apply to the court; The injured citizen will have the right to file a lawsuit against the doctor. In cases where the board accepts the claim as malpractice, if compensation is awarded as a result of the lawsuit filed by the citizen, the state will undertake the entire compensation unless the physician's mistake is intentional.
SD Law Firm Antalya is prepared to manage all types of malpractice cases. Turkish health law malpractice lawyers Sabire Altun Terlemez and Davut Terlemez represent clients in cases against medical insurance lawsuits.