Crime of negligence manslaughter arising from the phiysicien?s medical intervention in criminal law

When a person?s health deteriorates for a variety of reasons, he/she usually starts with consulting a physician for treatment of the disease. After establishing diagnosis of the disease, the physician performs a medical intervention on the patient by setting the treatment method to be put into practice. Medical interventions to be performed on the patient, depending on the type of disease, may be represented by an easy-to-apply drug therapy in some cases while in some other cases it may be a quite complex surgical intervention.Even though medical intervention is aimed at protecting and maintaining the health, it fundamentally goes towards the physical integrity of human being, who is an entity having personal rights. As a rule, all kinds of interventions going towards human health and physical integrity are deemed to be an unlawful breach of personal rights. However, medical interventions are considered as lawful acts subject to the existence of certain conditions.The profession of a physician, whose field of occupation consists of ensuring the integrity of life, health and body, which is conserved in constitutions as a superior value, is the leading well-respected profession all over the world; on the other hand, it is a profession bearing tremendous responsibilities and risks. This does not excuse physicians from being responsible for their unlawful acts leading to damages. The physician should not only have a medical competence so that he/she can perform this profession properly but also carry out the medical interventions perfectly and faultlessly in legal terms. The physician, by nature of his/her profession, intervenes in the physical integrity of a person. Being carried out by the physician, these interventions may sometimes lead to such results that are exact opposite of those expected. The physician may give rise to homicide by getting the patient?s medical status more serious due to his/her negligent acts. Since field of occupation of the profession of a physician is human body, the physician is liable to act as observantly and meticulously as possible while performing medical intervention on the patient with a view to preventing possible adverse outcomes. The fact that the liability to act observantly and meticulously, as burdened on the physician, has not been fulfilled underlies any criminal liability arising from negligence.Keywords: Physician, Medical Intervention, Negligence Liability, Homicide