Malpractice Compensation Lawsuit | Health Lawyer in Izmir | Law Firm in Izmir
The Turkish Medical Association's Code of Medical Ethics defines malpractice as "harm to a patient due to ignorance, inexperience, or a physician's error." Our legal system guarantees protection for patients who suffer harm due to such negative outcomes.
In physician-patient relationships, malpractice that becomes the subject of compensation lawsuits arises during the diagnostic phase, the treatment phase (lack of indication, choice of incorrect treatment method), and the organizational responsibility phase (whether the personnel are sufficient and qualified to care for the patient, consultation).
Conditions for Filing a Malpractice Claim:
Medical malpractice, or physician error, occurs when a physician's diagnosis, treatment, or organizational failure deviates from the standards of medical science. If the physician's unlawful conduct (which may take the form of tort, breach of contract between physician and patient, negligence in service, or acting without authorization) results in harm to the patient, and if we can establish a causal link between the fault and the harm, then we can say that the conditions for a medical malpractice compensation lawsuit have been met.
To whom and how should a malpractice compensation lawsuit be directed?
If a malpractice lawsuit concerns damages incurred due to the poor medical practices of a physician working in a public hospital, the claim and lawsuit should be directed against the Ministry of Health as a full judicial review case. A full judicial review case encompasses claims for material and moral damages directed against the administration.
Even if the damage in question relates to harm suffered due to the malpractice of a physician working in a private hospital, claims for material and moral damages can be directed directly to the physician or the private hospital in the judicial system. Furthermore, if there is an insurance company that has insured the physician's malpractice with an insurance policy, the claim and lawsuit can also be directed to that insurance company.
When should a malpractice lawsuit be filed?
The compensation lawsuit in question can be filed within 5 years from the date the damage is learned if there is a contractual relationship between the doctor and the patient (20 years if the doctor is grossly negligent); if there is no contractual relationship between the doctor and the patient and the lawsuit is based on tort, Law of Obligations According to the provisions, the claim must be filed within 2 years from the date the damage was learned, and in any case within 10 years.
If a physician acts as a proxy without obtaining the patient's consent before performing a medical procedure, the statute of limitations for filing a lawsuit is 10 years.
If the harm suffered by the patient resulted from the faulty medical practice of a physician in a public hospital, and the claim is based on administrative negligence, a written application must be submitted to the administration within one year from the date the harm was learned, and in any case within five years, requesting compensation for material and moral damages. If this request is partially or completely rejected, a full judicial review lawsuit must be filed within 60 days.
In cases of malpractice, can a doctor be held criminally liable?
In cases of malpractice, the physician may also face criminal liability. This includes actions by a physician that cause harm or death to a patient as a result of faulty medical treatment; Turkish Penal Code This also falls under the scope of crimes such as negligent injury or negligent homicide.
Therefore, while filing a compensation claim for material and moral damages suffered due to malpractice against a physician or healthcare institution, it is also possible to file a criminal complaint against the physician if their actions fall under the definition of negligent injury or negligent homicide.
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Other works that may be of interest to you;
- Patient Rights & What Are My Rights as a Patient?
- Malpractice within the Scope of Supreme Court Decisions
- What are the Patients Rights in an Aesthetic Surgery?
- Tissue and Organ Transplantation in Health Law
- Malpractice Compensation Lawsuits: Frequently Asked Questions
- What are the rights of healthcare workers?
- What is malpractice?
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