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Circumstances in which administrative responsibility is diminished or removed for demages arising from health services

2020
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Advisor: Doç. Dr. Ahmet Kürşat Ersöz

Abstract (EN)

The financial responsibility of the administration arisen from damages occurred during providing of health services is decreased or removed at some cases. Primarily, we have to explain some basic terms belong to administrative law to understand and set forth the cases decreasing and removing responsibility of administration. In this study, firstly the concept of responsibility of the administration in general; faulty responsibility and strict liability cases were explained; the meaning of term, "health services" was expresses; the matter, "responsibility of administration arisen from health services" was explained in legislation and was explained supporting with doctrine views and then it was tried to be concretized with the jurisprudences. After determining the scope of the terms "responsibility of administration" and "responsibility of administration arisen from health services" ; general frame was drawn in the line with jurisprudence; the cases which decreasing or removing the responsibility of administration were tried to be classified in the second and the main chapter of the study. While performing this classification, first of all "faulty responsibility and strict liability" cases were discriminated at the cases which are decreasing or removing responsibility of administration arisen from health services. Then, "faulty responsibility and strict liability" cases decreasing or removing responsibility of administration arisen from health services were tried to be expressed primarily in the positive law and doctrine perceptions and then the current situation was tried to be explained and set forth under the light of judicial decisions. Key Words: Liability of Administration, malpractice, health services, complication, causality, force major cases, contributory negligence.

Author

Dr. Fidan Ermumcu

How to Cite

Fidan Ermumcu (Master Thesis). Circumstances in which administrative responsibility is diminished or removed for demages arising from health services, 2020, Akdeniz University.

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