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Patient Rights & What Are My Rights as a Patient?

Mustafa Yolcu
Hasta Hakları

What are my rights as a patient? | Patient Rights | Health Law | Malpractice | İzmir Lawyer | Izmir Law Firm

İnsan haklarının sağlık hizmetleri sahasındaki yansıması olan ve başta Türkiye Cumhuriyeti Anayasası’nda, diğer mevzuatta ve milletlerarası hukuki metinlerde kabul edilen “hasta hakları” kapsamında usul ve esaslar Patient Rights Regulationi He arranged it with.

Basic Principles to be Followed Regarding Patients

  • The right of patients to live in a state of complete physical, mental, and social well-being is a fundamental human right and must always be kept in mind at every stage of service.
  • It should be understood that everyone has the right to life, to protect and develop their material and spiritual existence, and that no authority or person has the power to abolish this right; therefore, patients should be treated humanely.
  • In providing healthcare, patients' race, language, religion or sect, gender, political views, philosophical beliefs, economic and social status, and other differences cannot be taken into account. Healthcare services should be planned and organized in a way that is easily accessible to everyone.
  • Except for medical necessities and cases stipulated by law, no one's bodily integrity or other personal rights may be violated without their consent.
  • No individual may be subjected to medical research without their consent and the permission of the Ministry.
  • Except in cases permitted by law and in cases of medical necessity, the privacy of a patient's private and family life cannot be violated.

The Right to Choose a Hospital and Doctor (Choosing and Changing Healthcare Facilities)

Sick; provided that the procedures and conditions stipulated by the applicable legislation are complied with, Individuals have the right to choose a healthcare institution and to benefit from the healthcare services provided by that institution. (Article 8)

Provided that the procedures determined by legislation are followed. The patient has the right to freely choose the personnel who will provide them with healthcare, to change the physician treating them, and to request consultations from other physicians. (Article 9)

Diagnosis, Treatment, and Care in Accordance with Medical Requirements

The patient has the right to be diagnosed, treated, and cared for in accordance with the requirements of modern medical knowledge and technology.. (Article 11)

Diagnosis and treatment that are contrary to the principles of medicine and the provisions of medical legislation, or that are deceptive, cannot be performed.

Right to Information Regarding Health Status

To the patient;

  • Possible causes of the disease and how it will progress,
  • Who will perform the medical intervention, where, how it will be performed, and its estimated duration.,
  • Other diagnostic and treatment options, the benefits and risks of these options, and their potential effects on the patient's health,
  • Possible complications,
  • The potential benefits and risks that may arise if you refuse,
  • Key characteristics of the drugs to be used,
  • Lifestyle recommendations that are critical for your health,
  • How to access medical assistance on the same issue if needed,

Information on these matters is provided. (Article 15)

Respect for Privacy

Respect for patient privacy is essential. The patient may explicitly request that their privacy be protected. All medical procedures are performed while respecting the patient's privacy.

Respect for privacy and the right to demand it;

  • The patient requests that medical assessments regarding their health condition be conducted in confidentiality.,
  • Examinations, diagnoses, treatments, and other procedures requiring direct contact with the patient should be carried out in an environment of reasonable confidentiality.,
  • In cases where there is no medical reason to object, allowing a relative to be present.,
  • People who are not directly involved in the treatment should not be present during the medical procedure.,
  • Hastalığın mahiyeti gerektirmedikçe hastanın şahsi ve ailevi hayatına  müdahale edilmemesini,
  • This includes keeping the source of healthcare expenses confidential.

Death does not give rise to a right to privacy. (Article 21)

Not to be subjected to medical procedures without consent.

Except for the exceptions specified in the law, no one can be subjected to medical procedures without their consent and in a manner inconsistent with the consent given.

In cases where a person is suspected of committing or participating in a crime, and it is believed that possible evidence of the crime is present in the body of the suspect or the victim, the judge may decide to subject the suspect or the victim to medical examination to uncover this evidence.

In cases where delay would be detrimental, this procedure may be carried out upon the request of the public prosecutor. (Article 22)

Refusing and Stopping Treatment

Except in cases where it is legally mandatory, and with the patient bearing responsibility for any negative consequences, the patient has the right to refuse or request the discontinuation of any treatment planned or being administered. In this case, the consequences of not administering the treatment must be explained to the patient, their legal representatives, or their relatives, and a written document to this effect must be obtained.

The exercise of this right cannot be used against the patient when they return to the healthcare facility. (Article 25)

Right to Appeal, Complaint and Sue

Patients and those related to them have the right to make all kinds of applications, complaints and lawsuits within the framework of the legislation in case of violation of patient rights.

Other works that may be of interest to you;

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