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Which Conditions Should the Physician Follow?
In order for a physician’s intervention on the patient’s bodily integrity to be legal, it must comply with certain conditions.
- The most basic of conditions is consent.
- Consent is the patient’s consent to the medical intervention in her body.
- In order for the consent to be lawful;
- subject of consent
- How to do medical intervention, etc.
The presentation of this information is done by lighting. Informing the patient is an obligation on the physician.
Consent without clarification is illegal.
- What the patient should or should not do before medical intervention,
Each stage of the intervention,
- Possible complications that may occur as a result of the intervention,
- Medicines to be used by the patient and how to use them,
- Like what might happen if the intervention is not implemented
- It should enlighten the patient on all issues before and after the intervention.
Complications are risks that are accepted as likely to occur despite complying with the data of the medical science and profession and taking the necessary precautions to prevent them from occurring.
In short, they are the results that are predicted to occur but cannot be prevented and that have no defects in their formation.
Physicians and hospitals cannot be held responsible if the result has not changed even though the requirements and rules of medicine are followed.
In order for the physician not to be held responsible for the complications, the patient should be informed about the complications and the process after them.
Medical malpractice can be explained as bad medical practices or medical malpractices.
The basis of the concept of malpractice is “medical error”.
Medical error is when the physician does not comply with the rules and requirements of the medical profession and science in his medical intervention due to the practice of the medical profession, causing harm to the patient’s life and health.
Medical errors can occur in violation of the rules of illumination, in the diagnosis or in the implementation of the method of treatment.
It is possible for the complication to turn into malpractice.
If the physician did not inform the patient about a predicted and expected result or did not apply the necessary treatment on time when the result occurs, he will be held responsible for the result.
1) DIAGNOSTIC ERROR
The physician must perform all the necessary interventions and examinations for diagnosis, evaluate the results and interpret them in accordance with the requirements of medical science. Errors made in these matters are diagnostic errors.
The physician has no obligation to be successful in the diagnosis. The important thing is to act as the physician’s expertise and disease require.
2) FAILURE OF OBJECTION OF TREATMENT AND AFTER TREATMENT LIABILITIES
If the treatment is faulty, the physician is legally liable.
The treatment may be inappropriate according to the concrete case or may have been applied incorrectly by the physician.
The act of the physician may be act or omission.
Failure to make the necessary decisions during or after the treatment is also a treatment error.
3) ORGANIZATION ERROR
First degree hospital management is responsible for the medical interventions performed in the hospital.
The hospital has many obligations such as providing care during their stay, keeping records and keeping secrets, providing food and a suitable environment, and protection from infectious diseases.
If the hospital does not fulfill its obligations, the hospital management will be responsible for organizational errors.
4) FAILURE TO FAIL
In cases where the physician does not have sufficient knowledge and experience about the patient’s disease, he or she should refer the patient to another specialist physician. If the patient who does not do this undertakes the treatment, an undertaking error will occur and the physician will be held responsible.
RESPONSIBILITY OF THE PRIVATE HOSPITAL IN MALPTACTY
When the patient applies to a private hospital, a “hospital admission contract” is established between the patient and the hospital. Since the contract is established between the patient and the private hospital, there is no contractual relationship between the physician and the patient.
For this reason, the contractual liability of the physician will not arise, but he may be held liable for the tortious act.
The private hospital and the physician are jointly responsible for the damages suffered by the patient. The patient may request compensation for the damage suffered, only to the physician or only to the hospital, or to both.
The responsibility of the hospital, as a rule, arises in the form of payment of a certain amount of compensation for the damage suffered by the patient.
If the hospital is at fault, it is obliged to compensate the patient for both material and moral damages.
STATE RESPONSIBILITY IN MALPRACTICE
According to Article 56 of the Constitution; the state, to ensure that everyone leads their lives in physical and mental health; It is responsible for planning health institutions from a single source and arranging the provision of services. The state fulfills this duty by inspecting the health institutions in the public and private sectors.
According to this provision, the main function of all hospitals, whether public or private health institutions, is to provide public health services. If these services are not performed with the necessary care and quality in accordance with the data of medical science, the state (Ministry of Health) may be held responsible for all of them.
For this reason, those who suffer from wrong and incomplete treatment have the right to file a lawsuit against the state first.
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