Master'sOpen Access

Medical contractual responsibility of the physician

2022
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Advisor: Dr. Öğr. Üyesi Refik Cem Dinar

Abstract (EN)

In the scope of a valid, legal relationship established between a self-employed physician and a patient, the physician has obligations to fidelity, due diligence, confidentiality, record keeping, informing the patient, and subsequently acquiring informed consent, in addition to diagnosing and providing treatment to the patient who seeks treatment from that physician. In a situation where the physician does not fulfill his or her obligations, whether intentionally or through negligence, the medical contract between the two parties will be considered breached. In the event of a breach of contract, the physician will be required to provide compensation for material and moral damages to the patient and his or her relatives as a result of the legal responsibility arising from the medical intervention. In the first section of my paper, which consists of three sections, the reasons that create the legal responsibility of physicians were examined. In the second section, the medical contract, within the scope of responsibility stemming from the contract, was examined. The definition, elements, legal nature, and termination of the medical contract are emphasized. In the third part, the contractual responsibility of the physician, the conditions of the responsibility, the contractual obligations of the physician, the situations that reduce and remove the responsibility, and finally the consequences of the responsibility are emphasized. The views in the doctrine and the Supreme Court decisions are mentioned as much as possible.

Author

Dr. Zeynep Esra Zelzele Orel

How to Cite

Zeynep Esra Zelzele Orel (Master Thesis). Medical contractual responsibility of the physician, 2022, Yeditepe University.

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