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Criminal liability arising from malpractice

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2025
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Abstract (EN)

The purpose of this study is to explain the criminal liability of healthcare providers arising from medical malpractice. Healthcare providers are not limited to doctors and dentists; however, doctors and dentists are the ones who are authorized to perform and to conduct a medical intervention due to rules of law, thus doctors and dentists are the ones who are mostly responsible for medical malpractice. Medical interventions are conducted to reach targets such as treatment, maintaining health status or prevention. If the medical intervention succeeds and the target is reached, there won't be any disputes arising from the relation between the doctor and the patient, however if the target is not reached then a variety of legal disputes arise from the situation. As our study focuses on criminal liability, firstly the reasons for the medical interventions are why they are not subject to criminal liability although they have some similarities with some types of crimes are tried to be explained. Later, in which circumstances medical interventions create criminal liability as they are normally in accordance with the law is explained. It is stated that criminal liability is not arising according to the result of the intervention; however, it arises due to defective acts, breaching duty of care or negligent acts of doctors and other healthcare providers. It is mentioned that doctors won't face any liability due to the results as deterioration of health of the patient, injuries and even death of the patient if they perform medical intervention in grounds of medical standards.

Author

Pelin Yılmaz

How to Cite

Pelin Yılmaz (Master Thesis). Criminal liability arising from malpractice, 2025, Yeditepe University.

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