Malpractice Lawsuits Arising From MMalpractice Lawsuits Arising From Medical Practices Of The Physicianedical Practices Of The Physician
What is Medical Malpractice?
Medical malpractice is generally a situation in which medical science is performed, causing injury or damage as a result of misconduct or negligence. In theory, it is more preferable to refer to such concepts as Misapplication in Medicine, Medical Error, Medical Practice Errors, Bad Practice of Medicine.
What is Malpractice Compensation?
Physicians may be liable to compensate their personal assets in accordance with the provisions of the Code of Obligations as they are personally responsible for the damages they cause to their patients with their mistakes, omissions or imperfections while performing their duties.
Under the legal responsibility of the physician, compensation cases are replaced due to the physical and moral damages arising from the medical malpractice and the legal responsibility of the physician is called akt compensation responsibility tazminat in practice. Physician-patient relationship is based on the attorney’s agreement according to the dominant opinion in practice. Therefore, since the patient-physician relationship can generally be said to be a proxy act, compensation claims in such cases are evaluated on the basis of the provisions of the Act on Obligations. However, in cases where there is no contractual relationship between the physician and the patient, the physician will be responsible according to the provisions of the tort.
As a result of medical intervention of the physician, if the patient is harmed, some conditions must be fulfilled in order to allow compensation. According to this,
The unlawful act of the physician may be in the form of a violation of the contract or may be in the form of tort or unjust conduct.
Damage caused by medical intervention
A flaw attributable to a doctor
There must be a causal link between the defect and the damage.
If these four elements occur together, the physician’s liability for compensation will be on the agenda. On the other hand, if one of the four elements is missing, compensation for the physician is not possible.
The important thing here is the concept of flaw. Because, it is not possible to talk about the responsibility of the physician if there is no defect. For example, physicians cannot be held responsible because the physician’s defect cannot be mentioned due to a result that is impossible to prevent. For physicians, the fault should be dealt with with the criteria of m compliance with medical necessity ili and the defense should be underlined. At this point, the average physician should have knowledge, professional ability, experience, physics and intellectual power taking into account the behavior of the physician in the event, taking into account whether the deviation, if there is a deviation, this will be considered as a defect.
In the case of compensation for the compensation of the physician, it is very important to prove the defect as much as the concept of defect. Relationship between physician and patient
If the patient is based on a relationship, it is assumed that the physician is defective and the patient is only obliged to prove that he has a causal link between the harm he suffered and the violation. If the relationship between the physician and the patient is not based on akde, the intervention is obliged to prove the defect of the physician as the intervention will be considered as an unfair verb. Therefore, since the source of the relationship between the patient and the physician causes quite different results in terms of the subject of the proof, it should be done carefully.
How to Open a Malpractice Case?
During the medical intervention of the physician, the standard, current practice, lack of skills or treatment to the patient because the patient does not give harm to the patient, the responsibility of the physician will be on the agenda. The patient, who is faced with such a situation and is damaged, has the right to file a compensation for the loss. Accordingly, the patient may demand material and non-pecuniary damages if he proves the existence of the damage, the defect of the physician and the causal link between the defect and the damage.
In the case of compensation claims under medical malpractice action, the loss is proven. However, if it is not possible to determine the true amount of the loss, the judge shall determine the loss by using his / her discretion.
In the event of death, burial costs may be required for damages resulting from inability to work with treatment expenses if death has not occurred immediately. Persons who receive regular and regular help from the deceased can claim compensation for support if they do not have death, and if the aid continues. These are the spouses, children, etc. of the deceased. can.
In the case of loss of interest, damages arising from the costs of treatment, the loss of working power and the shattering of the economic future may be demanded. The point to note here is that the right to claim damages for bodily harm belongs to the patient.
It is sufficient for an undesirable situation to occur in the health of the person for non-pecuniary damage.
It has been regulated that the amount of non-pecuniary damage caused by the act of medical malpractice and the scope of the damage, and the family may demand non-pecuniary damages in case of death of the patient. In the event that the patient or the necessary conditions are fulfilled, the family is suffering from pain, suffering and grief due to the wrong medical intervention, it will be possible to claim the appropriate amount of money as non-pecuniary damages.
How long does malpractice have to be opened in case of compensation?
The shape of the relationship between the physician and patient creates a difference in the duration of the timeout. If the patient-physician relationship is based on a contract, acre-based claims are subject to a 5-year statute. On the other hand, if the patient-physician relationship is not based on a contract, the claim for compensation will be expired with 10 years starting from the date on which the offender has been informed of the damage and the indemnity and starting from the date when the offense was committed.
Where to Open the Malpractice Case?
* No direct action can be filed against doctors working in the public sector. The direct interlocutor of this case is the Ministry of Health. If the case is lost, the administration (the Ministry of Health) has the right of recourse to the doctor employed as a personnel due to the defect, and the case is reported to the related health personnel and the doctors are allowed to join the case as an intervener in the case. The period is 30 days from the notification.
* A direct trial can be filed against physicians working in particular. The physical and non-pecuniary damages proceedings brought against the physicians working in particular for medical malpractice fall under the jurisdiction of the judiciary and appear in the civil courts. In practice, both physicians and private hospitals are prosecuted together.