Criminal responsibility of physicians

Application of medical science to human body is an important part of human life. Medical interventions that assist to protect human health, to treat diseases or to reduce pain, directly concern a person's rights to life and body integrity. As the application of medical science has major importance from the perspective of human life and health, the law should foresee protective norms and liability regime against risk areas such as abusing of medical practice and malpractice. The purpose of this study is to evaluate medical practice, which serves the physical and spiritual integrity of the human body, from the point of view of criminal law. Initially, medical intervention was defined in our study; its relationship with fundamental rights as well as the major aspects of the liability regime within other branches of law were mentioned. In the second part, the theoretical basis of the lawfulness of medical intervention is examined in terms of criminal law. In accordance with the theoretical view that we adopt, the legitimacy terms of medical intervention in the Turkish law and the cases of medical malpractice are explained in the light of the relevant legislation and judicial precedents. In the third part, criminal responsibility arising from medical intervention has been assessed in terms of certain typical offenses and these crimes have been systematically explained. Our scope of explanation is limited to offenses directly linked to medical intervention. Crimes committed by any physician related to being a public officer and other offenses committed as a human being were excluded from our study.