{"id":5715,"date":"2024-07-11T14:00:22","date_gmt":"2024-07-11T11:00:22","guid":{"rendered":"https:\/\/www.ozkokhukuk.com\/?p=5715"},"modified":"2024-10-31T14:08:12","modified_gmt":"2024-10-31T11:08:12","slug":"malpraktis-nedir-hukuki-boyutlari-ve-tazminat","status":"publish","type":"post","link":"https:\/\/www.ozkokhukuk.com\/en\/malpraktis-nedir-hukuki-boyutlari-ve-tazminat\/","title":{"rendered":"What is Malpractice, Its Legal Dimensions and Compensation"},"content":{"rendered":"Malpractice is a concept that means failure to show due care in the provision of health services such as medicine and dentistry, and therefore harm to the patient. Although it is also used synonymously with medical error, malpractice covers not only errors but also elements such as negligence, carelessness and lack of knowledge.<\/p>\n

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Legal Aspects<\/p>\n

Malpractice is regulated in the Turkish Code of Obligations and the Turkish Penal Code. According to Article 40 of the Turkish Code of Obligations, “When material or moral damage is caused to another person due to a person’s fault, the person at fault is obliged to compensate for that damage.” Within the scope of this article, damages caused to the patient due to malpractice can also be compensated.<\/p>\n

Article 223 of the Turkish Penal Code regulates a crime titled “Medical intervention defect”. According to this article, “A person who does not show due care in medical intervention and therefore causes the death or serious physical or mental injury of another person shall be punished with imprisonment from two to five years.”<\/p>\n

Compensation<\/p>\n

A patient who has suffered damages due to malpractice can file a compensation lawsuit and claim compensation for the damages they have suffered. In a compensation lawsuit, the material and moral damages suffered by the patient must be proven. Material damages include items such as treatment expenses, loss of work, and additional expenses due to disability. Moral damages include elements such as pain, sadness, and suffering experienced by the patient.<\/p>\n

Things to Consider When Filing a Compensation Lawsuit<\/p>\n

Patients who are considering filing a compensation lawsuit due to malpractice should pay attention to the following:<\/p>\n

Gathering evidence: It is important for the patient to collect evidence that can prove the damages they have suffered due to malpractice. This evidence may include elements such as medical documents, witness statements, and expert reports.
\nStatute of Limitations: The period for filing a compensation lawsuit due to malpractice is 10 years. This period begins from the date the patient becomes aware of the damage or learns the cause of the damage.<\/p>\n

Consulting a lawyer: Malpractice lawsuits are complex cases. Therefore, it is important to consult an attorney to learn about your legal rights and to handle your case in the most appropriate manner.","protected":false},"excerpt":{"rendered":"

Malpractice is a concept that means failure to show due care in the provision of health services such as medicine and dentistry, and therefore harm to the patient. Although it is also used synonymously with medical error, malpractice covers not only errors but also elements such as negligence, carelessness and lack of knowledge. Legal Aspects […]<\/p>\n","protected":false},"author":12,"featured_media":5718,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-5715","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/5715","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=5715"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/5715\/revisions"}],"predecessor-version":[{"id":10217,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/5715\/revisions\/10217"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/5718"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=5715"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=5715"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=5715"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}