Criminal liability of physician's negligence act during medical intervention

Despite the medicine develops day by day, the zero-incidence of modern medicine is almost impossible. Numerous innovations that show advanced technological developments, precise measurement of laboratory tests and a concrete picture of the state of diseases have also created expectations for excellence in society. Therefore, people tend to put the burden of fighting against a disease on the physicians. Patients naturally think that, doctors do not fall into error, are infallible, and tend not to accept the presence of physician's mistakes. However, it is said that "even doctors are humans" , but still the first and most obvious victims of medical malpractice are patients. However, doctors are also considered as secondary victims because of similar victimization. In terms of people's right to live and liberty, the fields of law and medicine are the professions that you need to act disciplined, diligent and responsible. The frivolity and the irresponsibility shown in these professions causes people to loss of life and rights. Possible problems that arise in the health care system should be avoided, not only in terms of patients but also in terms of physicians and other health workers, in which the abuse of the legislation and the lack of legislation should be filled. The concept of responsibility has a great importance for criminal law. When people do not fulfill the duties of the bases in the punitive statute, they are punished in recognition of criminal law. However, the fundamental goal of the criminal law is not to punish, but to prevent the criminalization of the individuals, to deter them from acting contrary to the law, and therefore to maintain the social life in a healthy and peaceful manner. Thus, rather than penalizing, to avoid the punitive behavior is in the foreground. In this thesis, it should be known that on the basis of punishment of physicians for their negligent actions, it does not show the necessary care and attention with it and that it causes harm to the health of the patients, who are negligent in carrying out their profession. It is thought that the definition of negligence made in the Turkish Penal Code is narrow and because of some ambiguities, the criminal liability of the physicians is easy to go. Negligent offenses are handled in a separate category according to intentional offenses. Errors that may result in the injury or the death of the patients may constitute a crime at the same time. For physicians, it is witnessed that these crimes have been committed by negligence, except in exceptional cases. Malpractice is defined as medical wrong practice that occurs as a result of physicians deviating from medical standard practices during diagnosis and treatment, not treating the patient adequately and as needed, or lack of knowledge and skills. It is accepted in the discipline that, modern law goes towards compensation law and in many jurisdictions, malpractice cases are sufficient to be solved by compensation. In Turkish Law, the responsibility of the physicians to compensate even with the slightest defect due to the proxy relationship and the criminal responsibility for these mild defects can be subject to the deteriorating stages of criminal cases, which causes victimization without doubt. Medical law, is a field that requires special and technical knowledge and scientific work in order to reveal the truth. The expert witness system in Turkish Law has a great importance and is a key point, especially in the process of determining the punishment in negligent offenses during investigation or prosecution.Key Words:Physician, Medical Intervention, Criminal Liability, Negligent Act, Malpractice.