Civil liability of the psychiatrist

Today, many patients receive psychiatric treatment, and this number is increasing day by day. On the other hand, the legal system has made fewer regulations on psychiatrists' duties, powers and liabilities than other medical specialities. Although there is no legal regulation about the qualification of the psychiatrist, the treatment contract between the psychiatric patient and the treatment contract is considered a mandate contract due to its nature. In this context, the first part of the thesis explains the treatment and therapy methods applied to psychiatry specialists and other health personnel working in psychiatry and psychiatric patients. In the second part, the psychiatric treatment contract is discussed with its elements and the obligations of the physician and the patient are mentioned in this contract. Unlike other healthcare professionals, the consequences of the psychiatrist's actions can be severe and irreversible for patients. Therefore, the obligations of the psychiatrist and the cases of violation of these obligations should be determined in our law in a way that takes this matter into account. In practice, practitioners' lack of knowledge of the legal process brings about many problems for the patient and the psychiatrist. The aim of this study is to clarify the diagnosis and treatment process between the psychiatrist and his/her patient and to contribute to the equitable resolution of legal disputes that may arise. It is aimed to contribute to the doctrine by explaining this issue, which is not mentioned much in the doctrine.