The contractual liability of gynecologist and obstetrician arising from medical intervention

In Turkey, the specialization on gynecology and obstetrics was more preferred in the past. However, due to the increase in legal disputes faced by the doctors and the risk incurred in each procedure, the popularity of this specialization field has been experiencing a decline nowadays. As a branch of medicine, the specialty of obstetricians and gynecologist is one of the most controversial areas not only in Turkey but also in the world due to the potential ethical and legal problems. Therefore, it is important to know the legal responsibilities of gynecologists and obstetrics. In brief, the following topics will be discussed: the description of physicians as an occupations, the conditions of qualifying as a physicians, the role and of doctors among other medical stuff, the conditions of being an obstetrician and gynecologist and the conditions of qualification in other countries, the medical interventions that obstetricians and gynecologist may perform, obligations to diagnose and treat, to inform patients, to get patients' consent, to keep confidentiality and records, to show loyalty and attention, the legal relationship between physicians and patients. Moreover, the contract between patients and physicians are accepted as a contract of mandate by Turkish doctrine and judicial decisions. We will discuss the legal consequences of branches of contract of mandate and agency without mandate in this study. Moreover, domestic and international court decisions will be examined with different approaches regarding the responsibilities of gynecologists and obstetricians.