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Health personnel , Medical Procedures , Medical Practices  , Malpractice cases , Compensation , Turkish physicians security  , Legal Counsel

No matter how much science has developed, the practitioners of this developing and changing science in the field of health are health professionals, physicians; in other words, people. By their nature, people are able to cause some incorrect application when performing their profession. These incorrect practices are called ‘malpractice’ in the original dictionary sense of the term. Malpractice; in other words, the concept of medical error is one of the most common situations in the field of health from past to present, but it is among the basic and comprehensive issues of medical law that have been discussed recently in the Dec aspect as well as in the medical and legal aspects. As a result of medical errors committed by all health workers, especially physicians, material, non-pecuniary compensation lawsuits and criminal proceedings filed by people who have suffered losses are called ‘malpractice lawsuits’ in the legal system.


In order to minimize this risk, health professionals and physicians who perform this profession with a high risk ratio should pay the necessary attention and care to the medical procedures and practices they perform, as well as their knowledge and experience, in order to be the protector of the right to life, which is one of the most basic rights of a person. But even with this attention and care, as a result of the fact that both physiological and psychological structures have differences from person to person, there may be different reactions of patients during the treatment process. Therefore, it is quite difficult to determine the actual cause of harm in this area of human life, and it is necessary to solve the distinction between malpractice and complication well. The World Medical Association refers to malpractice as ‘‘damage caused by the doctor's failure to follow standard current practice during treatment, lack of skills, or failure to treat the patient.” In simpler terms, malpractice is the inability to do what needs to be done, or do what should not be done. A complication is when medical procedures and practices are performed correctly and completely in accordance with the requirements and rules of medicine, but the result does not change. The main difference between these two cases is whether the physician is at fault.


It is of great importance whether the medical interventions applied are in accordance with the law, whether the patient's informed consent has been obtained, and whether these interventions have been carried out by persons authorized to perform professions in medical science by law. In addition, there should be no case of poor practice of medicine described in article 13 of the Turkish Medical Association's Code of Professional Ethics of Medicine. In other words, no harm should occur from the ignorance, inexperience or indifference of the medical staff. Not only does being a physician or an employee of the medical profession not give these people the authority to make any kind of medical interventions; some medical interventions can only be made by physicians. For this reason, it is important to distinguish which specialty is required for which medical intervention, but the determining factor of this distinction is the rules of medical / health law. For example, if a general practitioner performs stomach surgery that should be performed by a surgeon, there is an unauthorized medical intervention.


According to the regulation published in the Official Gazette on June 15, 2022 on the investigation of medical personnel and the recourse of compensation arising from malpractice cases, the State will now assume compensation arising from these cases unless there is an intent in the practices performed by medical personnel. With this new regulation, physicians and all health professionals, especially physicians, have the opportunity to freely perform their professions within the scientific framework without being subjected to malpractice pressure.


Under the new regulation, a citizen who claims to have suffered a victimization 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 malpractice-related victimization has developed, the citizen will have to apply to the court, and the citizen who has suffered damage will have the right to file a lawsuit against the doctor. In cases where the Board considers the claim to be a malpractice, if compensation is decided as a result of a lawsuit to be filed by a citizen, the entire compensation will be assumed by the state, unless the physician's mistake was intentional. Malpractice lawsuits that are currently ongoing will also be evaluated in this context and compensation will be paid by the state unless it is intentional. Recourse of compensation paid by the administration to the relevant medical personnel due to medical procedures and practices; however, if it is determined by the decision of the criminal court that he has intentionally abused his position by acting contrary to the requirements of his duty, the amount of recourse that may be possible will be determined by taking into account the defect rate of the health worker. Board members cannot be held financially and administratively responsible unless there is a final judicial decision due to the decisions they have made on the application.


As Minister Fahrettin Koca stated, with this regulation, which entered into force on June 15, 2022, Turkish physicians were protected like Turkish judges, gaining an assurance that has no similar in the world. With this new regulation introduced in the field of Health Law, it was aimed to solve this important problem that cannot be solved worldwide with the Turkish legal system and eliminate the pressure of malpractice on all health professionals.


  • Tags : Health personnel , Medical Procedures , Medical Practices , Malpractice cases , Compensation , Turkish physicians security , Legal Counsel


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