Legal compliance requirements of medical interventions
2022
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Advisor: Dr. Öğr. Üyesi İbrahim Durhan
Abstract (EN)
Aim: The basis of our study consists of the conditions under which a medical intervention directed by the physician to the patient is bound, both in legislation, in jurisprudence and in practice. It focuses on the issue of how a medical intervention should be, which will not lead to legal and criminal liability of physicians. Material and Method: Among the high court decisions, which include the disputes related to the types of crimes that occur as a result of the medical interventions of the healthcare professionals and the compensation cases filed, the specific ones will be examined. In the light of the decisions we will examine, it will be determined what conditions a legal medical intervention should have, which situations cause the physician's responsibility to arise, and what the criteria are considered during the trial. Results: Current and stable Supreme Court decisions of the last ten years, which include legal responsibilities arising from the lack of legality in medical interventions, have been identified and examined. The fact that the medical intervention directed by the physician to the patient is unlawful sometimes leads to the legal responsibility of the physician, and sometimes to the criminal responsibility. In terms of the responsibility of the physician, the conditions of compliance with the law are sought together and examined one by one according to the characteristics of the concrete case. Conclusion: Since the medical interventions performed by the physician directly affect the right to bodily integrity and immunity, the legality requirements regarding this need to be clearly regulated. In addition, it is important for health personnel to be informed about their legal rights and responsibilities both during their undergraduate education and when they start to carry out their professional activities. Key Words: İnformed Consent, Compliance with Law, Consent, Medical Intervention, Medical Standard
Author
Dr. Samed Aslan
How to Cite
Samed Aslan (Master Thesis). Legal compliance requirements of medical interventions, 2022, İnönü University.
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