DoctorateOpen Access

Responsability of the administration arising from the execution of health services

2019
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Advisor: Prof. Dr. Erdoğan Bülbül

Abstract (EN)

As a result of the fact that the health might be asserted as a right now, physician - patient relationship has obtained a legal dimension which includes rights and obligations. Damages to the service users or third parties resulting from health services, which are mostly executed by public health institutions, has administration's responsibility. The need of determination of this responsibility and compensation of the damage has brought a new responsibility regime specific to health services. Responsibility of the administration arising from the execution of the health services, might be caused by administration's own structure or actions of the personnel carrying out the service, which might be provided in public or private health institutions. Theoretically, the responsibility arises when the basis of responsibility causes harm as a result of the fault of the administration. Compensation of the damage by the administration depends on due application of administrative and judicial remedies. However, it should be noted that classical administrative responsibility principles and procedural rules are insufficient to resolve disputes arising from health services, which is a distinctive public service. In this respect, it is important to establish the specific legal regime of the responsibility arising from health services by identifying different practices.

Author

Dr. Cihan Yüzbaşıoğlu

How to Cite

Cihan Yüzbaşıoğlu (Doctorate thesis). Responsability of the administration arising from the execution of health services, 2019, Galatasaray University.

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