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Evaluation of full judgment cases opened from malpractice in administrative jurisdiction in terms of health law

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2023
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Abstract (EN)

Faulty medical practice has been frequently used by the written and visual media and the courts recently. Patients who have been harmed as a result of incorrect medical practice can claim their damages from the administration by filing a full remedy action in the administrative jurisdiction. The administration, on the other hand, can sometimes recourse the amount of compensation it has paid to the healthcare professionals at the rate of fault determined by the courts. This situation takes the time of healthcare professionals and also affects their psychology, albeit for a short time. At the same time, they suffer financial losses as a result of having to pay the amount of compensation. In order not to face full-judgment lawsuits by healthcare professionals arising from faulty medical intervention, medical science requires medical intervention without harming the patient, by applying the medical treatment that is more beneficial to the patient, by showing medical care and attention. In our study, medical intervention, elements of medical intervention, erroneous medical intervention, elements of erroneous medical intervention, full remedy cases, preconditions for filing full remedy cases, recourse and the final decisions of the Regional Administrative Courts on full remedy cases and the full remedy cases of the Council of State. It is mentioned about the full judgment cases he has given regarding the issue. In our study, different judicial decisions are mentioned in terms of guiding healthcare professionals. It is aimed to benefit healthcare professionals and not to encounter such mistakes by revealing what kind of mistakes are made in judicial decisions and which decisions are made by the courts. In our study, 2 International Conventions, 3 International Declarations, 1 Regulation, 1 Bylaw, 1 Ethical Rule, 1 Regulation, 1 Circular, 1 Decree-Law, 15 Laws and 1 Constitutional articles were mentioned. In addition, 52 decisions of the Council of State, 1 Constitutional Court decision, 10 Supreme Court decisions, and 16 District Administrative Court decisions are included.

Author

Emin Hüseyin Şahin

How to Cite

Emin Hüseyin Şahin (Master Thesis). Evaluation of full judgment cases opened from malpractice in administrative jurisdiction in terms of health law, 2023, Ankara University.

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