According to Turkish Code of Obligations no. 6098 and law no. 7223 product liability of the medical device manufacturer
2024
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Advisor: Prof. Dr. Hayrunnisa Özdemir
Abstract (EN)
Medical devices, which can be of many different types, are, in the most general terms, mechanical systems that will help healthcare personnel to correctly determine the indication and perform medical intervention, with the exception of medicines, cosmetics, biocidal or blood products used in the diagnosis, treatment and post-treatment stages of the disease and accelerating these processes. In the event of a defect that may occur in the production/manufacturing processes of medical devices, persons using the medical device or third parties may be harmed. In this case, it is possible for anyone who is damaged against the manufacturer/manufacturer of the medical device to claim compensation without a contractual relationship with the manufacturer/manufacturer, with the introduction of product liability. In our study, the liability of the manufacturer, importer or persons deemed to be the manufacturer due to damages caused by a defective/inappropriate medical device placed on the market by the manufacturer to the bodily integrity or property of third parties who purchase, use or have nothing to do with the product will be explained by referring to the relevant provisions of the EU Council Directive No. 85/374 and the Turkish Code of Obligations within the scope of the Product Safety and Technical Regulations Law No. 7223 in Turkish Law.
Author
Gayenur Şenel
Institution
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Gayenur Şenel (Master Thesis). According to Turkish Code of Obligations no. 6098 and law no. 7223 product liability of the medical device manufacturer, 2024, Ankara Social Science University.
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