Master'sOpen Access

Refusal right of medical treatment on the emergency medical intervention

2019
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Advisor: Prof. Dr. Oğuz Sancakdar

Abstract (EN)

The Emergency Medical Intervention; any attempt by medical authorities to diagnose and treat the life-threatening the patient's life and the integrity of the body all kinds of initiatives in accordance with the rules of medicine in the event of unexpected and sudden emergence, and in a short period of time that may endanger person's vital functions, It is indicated on the Regulations of Patients Rights Article 24/7 "Medical intervention to the patient is not subject to the consent if there is a situation in which the patient's consent cannot be obtained, there is danger to the patient's life, the patient is unconscious and the presence of a condition in which the patient's one organ becomes unable to perform its functions or its loss." and on the Biomedicine Agreement's in Article 8 under Emergency heading, it is indicated that no consent is required for medical intervention in cases where the patient's life-threatening and if the patient is unconscious. with the expression of "If appropriate consent cannot be obtained due to an emergency, any medical intervention necessary for the health of the person concerned may be carried out immediately." On the Turkish Constitution Article 17/2, the legal basis of rejection of treatment within the scope of the right to determine one's own future is stated as follows: "The physical integrity of the person cannot be touched, except in the case of medical imperatives and law; cannot be subjected to scientific and medical experiments without the person's consent." In cases where the patient's consent cannot be obtained, health personnel cannot be subject to a defect and responsibility due to emergency medical intervention applied to the patient. However, the patient who refuses the treatment is in a life-threatening condition where the patient is unconscious. the healthcare personnel who do not perform emergency medical intervention will face a criminal sanction. In this study discussion of the legal rights of the patient in terms of patient rights and the right to refuse emergency medical intervention; the limitations of the patient's right on his/her life and the legal assessment of the health personnel intervening under these circumstances will be taking place.

Author

Dr. Dursun Alyaz

How to Cite

Dursun Alyaz (Master Thesis). Refusal right of medical treatment on the emergency medical intervention, 2019, Dokuz Eylül University.

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Tüm Hakları Saklıdır

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