DUE TO MEDICAL TREATMENTS AND PROCEDURES IN PUBLIC HOSPITALS, THE LEGAL RESPONSIBILITY OF THE PHYSICIAN

Meray Katar KarakaÅŸ

Firdes YÜZBAŞI

ABSTRACT

Doctors who give priority to human life and who are practitioner of medical science are obliged not to damage people when doingt heirjobs. In this context, the main duty of doctors is to exercise according to the rulesof ethics and law. However, this is not always case in Turkey. The number of compensation and criminal cases against doctors have shown increase in recent years. Doctors have faced responsibility. Complications arising from deficiencies in the system of health personnel and interpretedas a failure, the patient-physician relationship between thematerial, the competition between physicians, patients misdirection by physicians shown as reasons for lawsuits against physicians. Many healthcare professionals who work in public hospitals and physicians in the meantime, have the status of civil servants and public employees. Medical intervention of doctors in the public hospital has consequence in both public (criminal, administrative) and private law. In this study, the public hospital, medical intervention,the patient and thephysician, the legal relationship between the patient-public hospital, the type of contract that is established between, arising as a result of the physician responsible for medical intervention. In contract, tort arising from a physician and attorney are the responsibility ofdoing business relationship, the requirements for liability be born (violation of the law, caste, damage, causalconnected) will explore.

Keywords: Doctor‟s legal responsibility, public hospital, responsility.

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