Criminal responsibility of physician in terms of Medical Law

The notion of erroneous medical application is defined in the General Council of the World Medical Association in 1992 and this notion is defined accordingly as "the lack of standard application by doctor during the treatment, the skill deficit and the damage caused by the lack of treatment to patients". However, as explained in this study in detail, erroneous medical application is not limited to aforementioned actions and it is possible to consult the responsibility of doctor in case of other circumstances not explained in the definition. There is not any kind of regulations in the legislation regarding medical errors; however, it is possible to define medical application errors by combining the dispersed legislation and decisions made by Supreme Courts in regards to medical law. In this context, in the first chapter of the study, notions such as medicine, law, medical law, and medical intervention is explained as well as the legal, administrative, professional, ethical and penal responsibilities. In the second chapter, crimes for which doctors may be culprit are subjected to examination and responsibilities caused by actions of doctors are analyzed by investigating both the Turkish Penal Code and other articles regulating the responsibilities of the doctor. In the third chapter of the study, the notions of "malpractice" and "complication" are analyzed and differences between these two notions are addressed. In the last chapter, authors attempts to explain which laws may be applicable because of the consequences caused by examining the investigation and prosecution procedures that require the responsibility of the doctor. This study aims to analyze the penal responsibilities that may be caused by actions of doctor during their practice and examine this responsibility in consideration of decisions of the Court of Cassation.