Criminal liability of physicians'in medical interventions

Aim: This study aims to establish the criminal liability of physicians in the light of higher judicial decisions. It tries to determine the criteria that the judiciary system taken into account when deciding the liability of the physician's punishment. Material and Method: In order to study the criteria, thirty Supreme Court decisions covering main types of crimes that physicians being on tried are examined Results: Thirty Supreme Court decisions between 2010 and 2020 were examined in which physicians were mostly prosecuted for criminal negligence. Since the negligence caused by the physician's medical procedure will be determined according to technical knowledge and medical criteria, it has been observed that an expert report has been received in each case. In similar cases the supreme court has made different decisions because of the uncertainty of medical standards. In terms of clarifying the limit of medical application and complication, establishing the relationship between the physician's action and the harmful outcome, a legislation that is superior to physician-specific regulation is needed in terms of the placement of standard practices in accordance with the medical science that develops. Conclusion: The determination of the criminal liability of physicians should be made in accordance with a prospective malpractice law, not in accordance with the verdict of the Turkish Criminal Code. Medical expert witnesses who are important elements in the trial of physicians should be selected from experts in the subject area of trials. Medical standards should be set by expert organizations in order to facilitate the physician's work in practice and to make the elements of the judicial process explicit in the possible trials. Key Words: Punishment, Medical Intervention, İnformed Consent, Consent