Medical Liability and Liability of Health Institutions in Turkish Law

2007 ◽  
Vol 14 (4) ◽  
pp. 355-367 ◽  
Author(s):  
Ergun Özsunay
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Administrative Law ◽  
Medical Intervention ◽  
Professional Standards ◽  
Medical Liability ◽  
Private Hospitals ◽  
Medical Interventions ◽  
Malpractice Liability ◽  
Health Institutions

AbstractThis article deals with medical liability of doctors and health institutions under Turkish law. Medical liability is based usually on a medical treatment agreement. This agreement is qualified as "mandate" (Auftrag). Under this agreement doctors are obliged to carry out medical intervention and treatment in accordance with professional standards. Informed consent is a prerequisite for all medical interventions. Treatment without patient's informed consent is a ground of liability. As regards treatment in hospitals medical treatment agreement is concluded between patient and hospital management. Doctors and other health care personnel employed by private hospitals are auxiliaries in medical treatment. Liability for treatment in State or municipality hospitals is based on administrative law. In case of malpractice, liability of physicians and health institutions covers all bodily injuries and material damages as well as immaterial damages. A draft law on liability for malpractice in medical services is being discussed by relevant circles in Turkey.

scholarly journals Assault and Battery, or Legitimate Treatment?

Gesnerus ◽  
2000 ◽  
Vol 57 (3-4) ◽  
pp. 206-221
Author(s):  
Andreas-Holger Maehle
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Physical Injury ◽  
Medical Interventions ◽  
German Speaking ◽  
Legal Justification ◽  
Assault And Battery ◽  
The Way

In response to cases of high handed medical interventions and treatments, a debate on the legal justification of operations and the relevance of patients’ consent developed among German-speaking jurists in the 1890s. The view that surgery was objectively physical injury or battery, which went merely unpunished through the patient’s consent, was highly contested among legal experts and firmly rejected by doctors. Various proposals to justify indicated medical treatment without consent were discussed. German jurisdiction, however, endorsed the battery theory of medical interventions and thus prepared the way for the concept of informed consent in medicine.

scholarly journals Unauthorized medical intervention and informed consent in the common law of Canada prior to the Supreme Court’s decision of Reibl v. Hughes (1899–1980)

2020 ◽  
pp. 260-282
Author(s):  
Anatoliy Lytvynenko
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Common Law ◽  
Case Law ◽  
Medical Intervention ◽  
Invasive Treatment ◽  
First Case ◽  
The Common ◽  
The Right ◽  
The Given

The given article deals with the Canadian legacy of civil actions on negligence and technical assault or battery involving an unauthorizedmedical interference to plaintiff. In modern doctrine and case-law, the given concept is named “informed consent”, upon whichthe patient is not a mere subject of medical treatment, but has a substantial set of patient rights, involving the informational ones, whichincludes his right to be informed on further invasive treatment and thus to be able to assent or decline it. The doctrine of informed consent,arising from actions on unauthorized medical treatment in both common law and civil law jurisdictions, has a centuryfold historyin the jurisprudence. In the common-law world, it was bred in the end of the 19th century primarily in the jurisprudence of Americancourts, but still has its distinct peculiarities in the common law of Canada throughout the twentieth century. The span on the researchedjurisprudence embraces the time period of 1899 (judgment of Parnell, which was the first case to deal with the subject) to 1980 (caseof Reibl v. Hughes), where the Canadian Supreme Court has firmly recognized the principle of informed consent in the acting commonlaw. In the 1990s, the principles of informed consent had been codified. The author has investigated on the evolvement of the conceptof patient’s right to autonomy in the state from the very beginning to the judgment of Reibl v. Hughes in 1980, and has researched theroots of the “right to autonomy” as an extension of the right to privacy, which has penumbrally existed in Canadian jurisprudence forover a century, despite having been recognized as such relatively recently, despite an existence of various early case-law legacy. Apartfrom the abovesaid, the author aimed to define the authorities used by Canadian courts in the earlier cases dealing with unconsentedsurgery, which involves judgments from other jurisdictions as well as professional legal and medical textbooks.

Fremdnützige Forschung und Sterbehilfe bei nichteinwilligungsfähigen Personen

1999 ◽  
Vol 43 (1) ◽  
pp. 98-122
Author(s):  
Johannes Fischer
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Main Condition ◽  
Medical Interventions

Abstract A main condition for medical treatment is considered to be the »informed consent« of the patient. This criterion protects his/her autonomy. In certain cases, however, it is not applicable, since the patient is not able to give his consent. This may lead to the discrimination of a considerable group of patients, where medical interventions must be refrained from, because of the lacking consent of the persons in question. This concems especially research for the benefit of others and euthanasia. Basing on the concept of the person, this paper develops criteria which should be applied if »informed consent« is not applicable

Effectiveness of Medical Interventions

2018 ◽  
Author(s):  
Jacob Stegenga
Keyword(s):  
Medical Treatment ◽  
Medical Intervention ◽  
Concept Of Disease ◽  
Theoretical Underpinning ◽  
Medical Interventions ◽  
Hybrid Account

To be effective a medical intervention must improve one’s health by targeting a disease. The concept of disease, though, is controversial. Among the leading accounts of disease—naturalism, normativism, hybridism, and eliminativism—I defend a version of hybridism. This hybrid account of disease holds that for a state to be a disease that state must both have a constitutive causal basis and cause harm. The two requirements of hybridism entail that a medical intervention, to be deemed effective, must target either the constitutive causal basis of a disease or the harms caused by the disease (or ideally both). This provides a theoretical underpinning to the two principal aims of medical treatment: care and cure.

scholarly journals Neurointerventions and informed consent

2020 ◽  
pp. medethics-2020-106358
Author(s):  
Sebastian Jon Holmen
Keyword(s):  
Informed Consent ◽  
Medical Intervention ◽  
Bodily Integrity ◽  
Criminal Offenders ◽  
Medical Interventions ◽  
Medical Context ◽  
Consent Requirement ◽  
Critical Perspectives

It is widely believed that informed consent must be obtained from a patient for it to be morally permissible to administer to him/her a medical intervention. The same has been argued for the use of neurointerventions administered to criminal offenders. Arguments in favour of a consent requirement for neurointerventions can take two forms. First, according to absolutist views, neurointerventions should never be administered without an offender’s informed consent. However, I argue that these views are ultimately unpersuasive. The second, and more plausible, form defences of the consent requirement may take are more moderate in that they accept the use of neurointerventions in some (rare) cases, but not in (most) others. Based on common rationales for consent in medical interventions, I discuss whether four moderate approaches in defence of the informed consent requirement for medical interventions succeed in establishing that informed consent must be obtained from offenders prior to administering neurointerventions to them. I offer novel critical perspectives on approaches that have already received some attention in the literature (ie, bodily integrity and harm), and I critically discuss other approaches to defending informed consent in a medical context that have not yet received due attention (ie, self-ownership and trust). Ultimately, I argue that it is not obvious that any of these considerations support a requirement of offenders’ informed consent to neurointerventions. Lastly, however, I suggest that there is at least one overlooked fact as regards how courts currently employ mandatory neurointerventions, which may support such a requirement.

scholarly journals Educación sobre el riesgo médico: propósito, contenido, forma y tiempo / Medical information on risks – function, content, form and timing

2018 ◽  
pp. 113-122
Author(s):  
Markus Finn ◽  
Gonzalo Gabriel Carranza
Keyword(s):  
Informed Consent ◽  
Medical Information ◽  
Legal Reasoning ◽  
Medical Intervention ◽  
Civil Code ◽  
Medical Liability ◽  
Physical Injury ◽  
Personal Interview ◽  
Informed Decisions ◽  
The Given

Los pacientes deben estar debidamente informados de los riesgos de una intervención médica antes de realizarla para poder tomar una decisión autodeterminada. Solo el consentimiento de un paciente informado es válido (informed consent) y solo tal consentimiento puede justificar la intervención médica. En consecuencia, cuando la información brindada es inadecuada o, incluso, se carece de ésta, el consentimiento dado es inválido y la lesión física resultante del tratamiento se comprueba antijurídica, dando lugar a la responsabilidad médica. La jurisprudencia de los tribunales superiores en Alemania ha exigido siempre con respecto a la educación sobre el riesgo un diálogo personal y confidencial entre médico y paciente, lo que no puede ser suplido, por ejemplo, con la mera distribución de un folleto informativo. Desde el año 2013, el Código Civil alemán solicita explícitamente la existencia de una explicación oral. Sin perjuicio de ello, el razonamiento jurídico siguiendo una sentencia de la jurisprudencia considera en “casos simples” que sería posible solamente una explicación telefónica, si el paciente está de acuerdo. Con respecto al tiempo de la entrega de la información la ley establece que ésta debe ser "tan oportuna" para que el paciente pueda considerarla cuidadosamente antes de tomar su decisión y prestar su consentimiento. Acerca del tiempo de la educación médica se puede recurrir a la jurisprudencia aplicable. El objeto de este trabajo es analizar la jurisprudencia existente a la luz de la legislación vigente, para tratar de dar respuesta desde la academia al problema que se presenta ante este tipo de situaciones.   Patients must be properly informed about their risks before a medical intervention in order to make conscious decisions. Medical intervention can only be effective if due informed consent has been obtained. Even this, when the information provided is inadequate or even part of it is omitted, the given consent becomes ineffective and the physical injury resulting from the treatment is illegal, giving rise to medical liability. In Germany, for example, numerous and important court rulings have been issued which have always required the development of a confidential and personal interview, in which the doctor and the patients are aware of the relevant risks arising from the intervention, which cannot be to be supplemented, for example, by the mere distribution of an informative brochure. Since 2013, the German Civil Code explicitly requests the existence of an oral explanation. Even this, the legal reasoning derived from "simple cases", considers that only a telephone explanation would be possible, if the patient agrees. To clarify, the law establishes that this must be "timely" so that the patient can make informed decisions when giving their consent. The purpose of this paper is to analyze existing jurisprudence in light of current legislation, to try to respond from the academy to the problem that arises in this type of situation.

scholarly journals The Legal Consequences of Informed Consent for Doctors and Patients in Theurapeutic Agreements

2020 ◽  
Vol 3 (6) ◽  
Author(s):  
Iip Verra Selvia ◽  
Arief Suryono ◽  
Sapto Hermawan
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Professional Association ◽  
Professional Standards ◽  
The Other ◽  
Medical Procedures ◽  
Object A ◽  
Other Hand ◽  
The Law ◽  
Legal Consequences

Informed consent is a requirement for the occurrence of therapeutic agreements between doctors and patients. Therapeutic agreements are agreements where healing effort (inspanningverbittenes) is constituted as legal object. A patient who has given a consent is considered to understand the benefits and risks of medical treatment he would receive. However, the existence of informed consent does not make any doctor immune to the law. If a doctor works outside the professional standards and operational standards that apply and is proven by the professional association, then a doctor could be sanctioned according to applicable regulations. On the other hand, the patient is required to be cooperative in providing information and complying with the medical procedures. The existence of a therapeutic agreement results in both doctor and patient being bound to each other's rights and obligations. Keywords: informed consent; therapeutic agreement; doctor; patient

scholarly journals Penyampaian Persetujuan Tindakan Medis (Informed Consent) oleh Dokter Spesialis Ortopedi kepada Pasien Pra-Operasi Fraktur Humerus

2019 ◽  
Author(s):  
Gregorius Prama
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Alternative Treatment ◽  
Medical Intervention ◽  
Doctor Who ◽  
Treatment Information ◽  
The Right ◽  
Treatment Procedures

Communication between patients and doctors is very important. One of them is through informed consent or medical treatment approval. Informed consent is the provision of medical treatment information by a doctor and a legitimate patient statement to agree or reject medical intervention. Informed consent contains the diagnosis, the purpose of medical treatment, other alternative treatment, procedures, risks and complications, prognosis. There are 3 types of informed consent, it can be implied, oral, or written. The method used in this research is through interview and observation. The goal is to find out the process of delivering informed consent, who has the right to give and approve and struggles in delivery. Informed consent is delivered by a doctor who is responsible for the patient and approved by the capable patient. Even though it has been run well, there are still problems in delivering.

Ethics in Social Research

2018 ◽  
Author(s):  
Steve Bruce
Keyword(s):  
Informed Consent ◽  
Data Collection ◽  
Research Ethics ◽  
Social Research ◽  
Medical Interventions ◽  
Ethical Implications ◽  
Social Researcher ◽  
Naturally Occurring ◽  
The Social ◽  
Collection Phase

It is right that social researchers consider the ethical implications of their work, but discussion of research ethics has been distorted by the primacy of the ‘informed consent’ model for policing medical interventions. It is remarkably rare for the data collection phase of social research to be in any sense harmful, and in most cases seeking consent from, say, members of a church congregation would disrupt the naturally occurring phenomena we wish to study. More relevant is the way we report our research. It is in the disparity between how people would like to see themselves described and explained and how the social researcher describes and explains them that we find the greatest potential for ill-feeling, and even here it is slight.

scholarly journals Nursing Teleconsultation for the Outpatient Management of Patients with Cardiovascular Disease during COVID-19 Pandemic

2021 ◽  
Vol 18 (4) ◽  
pp. 2087
Author(s):  
Vincenzo Russo ◽  
Roberta Cassini ◽  
Valentina Caso ◽  
Chiara Donno ◽  
Annunziata Laezza ◽  
...  
Keyword(s):  
Cardiovascular Diseases ◽  
Continuity Of Care ◽  
Medical Intervention ◽  
Lipid Lowering ◽  
Outpatient Management ◽  
Medical Interventions ◽  
Artery Disease ◽  
Clinical Conditions ◽  
Mean Time

Introduction: During the COVID-19 outbreak, non-urgent clinic visits or cardiac interventional procedures were postponed to a later date, and the implementation of telemedicine has guaranteed continuity of care for patients with chronic diseases. The aim of our study was to describe the medical interventions following nursing teleconsultation for the outpatient management of patients with cardiovascular diseases during the COVID-19 pandemic. Materials and Methods: All patients who did not attend the follow-up visit from 4 to 15 April 2020 at our institution and who were re-scheduled due to the COVID-19 lockdown were selected to be enrolled in the study. Each patient was followed by a semi-structured telephonic interview performed by a nurse. The outcomes of our study were to assess the patients’ adherence to nursing teleconsultation and the usefulness of nursing teleconsultation to detect clinical conditions in need of medical intervention. Results: In total, 203 patients (81%) underwent nursing teleconsultation in a mean time of 7 ± 3 days from the outpatient visit lost due to the COVID-19 lockdown. Furthermore, 53 patients (26%) showed poor adherence to nursing teleconsultation. Among the 150 patients (mean age 67 ± 10 years; 68% male) who completed the telephonic interview, the nursing teleconsultation revealed the need of medical intervention in 69 patients (46%), who were more likely at very high cardiovascular risk (77% vs. 48%; p < 0.0003) and who showed a higher prevalence of dyslipidemia (97% vs. 64%; p < 0.0001) and coronary artery disease (75% vs. 48%, p < 0.0008) compared to those not in need of any intervention. The up-titration of the lipid-lowering drugs (n: 32, 74%) was the most frequent medical intervention following the nursing teleconsultation. The mean time between the nursing teleconsultation and the date of the rescheduled in-person follow-up visit was 164 ± 36 days. Conclusions: Nursing teleconsultation is a simple and well-tolerated strategy that ensures the continuity of care and outpatient management for patients with cardiovascular diseases during the COVID-19 pandemic.

Sign in / Sign up

Export Citation Format

Share Document