Master'sOpen Access

Legal responsibility of private hospital in full hospital admission agreement

2019
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Advisor: Prof. Dr. Azra Arkan Serim

Abstract (EN)

Individuals can receive health services from private hospitals as well as public hospitals and contractual relations are established between the parties for this purpose. This Agreement regulates obligations to both parties, and the responsibilities of the private hospital, which is also a private legal entity, are more in number and more severe than the patients. The private hospital undertakes many obligations, both as a merchant and as an institution providing health care that is part of the right to life. Treatment of the patient is the priority for the hospital. The patient should be restored to health or, if this is not possible, the suffering should be minimized. Other obligations are related to patient's post-treatment care, organizational responsibility and responsibilities arising from patient rights. The private hospital must perform all its obligations in accordance with the requirements and standards of the medical science within the framework of the care and attention expected from itself. Acting against the responsibilities of the private hospital and causing the damage of the patient gives the right to claim compensation in terms of the patient. As a matter of fact, the rights of the patients representing the compensation of the obligations of the private hospital have also been taken under legal protection by special legislation. Therefore, the violation of the obligations of the private hospital is usually a violation of the rights of the patient. In this case, patients whose rights are violated will be able to apply to the legal ways regulated in the relevant legislation. In our thesis, the legal nature, establishment, parties, obligations and termination of the agreement were discussed, especially the legal responsibilities of private hospitals. In addition, in brief, patient rights and irresponsibility agreements are also included. The place of contracts signed with private hospitals in the consumer legislation, which has been expanded with the recent legislation, has been mentioned and criticisms of this practice have been addressed.

Author

Dr. Gökçe Şahin Candaş

How to Cite

Gökçe Şahin Candaş (Master Thesis). Legal responsibility of private hospital in full hospital admission agreement, 2019, İstanbul University.

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