The legal liability of physicians in terms of consumer law

Treatment contract is a contract between the self-employed physician and the patient. The physician undertakes to medical intervention in accordance with the medical principles and rules within the scope of this contract. The physician is obliged to pay maximum attention and care while performing medical intervention. Otherwise, her/his liability will arise. The source of the responsibility of the physician is determined according to the relationship between the patient and will be evaluated according to this relationship. Misapplications called medical malpractice can occur at every stage of the relationship between the patient and the physician. Complications occur independently of the physician and do not give rise to the responsibility of the physician. The physician has to provide compensation for the damage has caused, and in this context, it is obligatory for physcian to take out professional liability insurance. The patient can apply to the legal responsibility of the physician in various ways, and in cases where she/he has the title of consumer, she/he will also be under the protection of consumer law, this will also gives her/his different rights of application. As a result of the establishment of patient rights awareness and the expansion of the ways of seeking rights, patients have become frequently resorting to the legal responsibility of the physician. This situation has led to the need for protection for physicians. Defensive medicine practices are methods of protection developed by physicians themselves. However, this method of protection prevents the expected benefit from health care.