Sağlık Hukuku

What is Health Law?

Health law is a branch of law that protects the rights of patients and physicians and guides the management of this relationship in parallel with the basic rights of the individual. We can say that health law has developed since the results of death, disability and injury to the media due to physician’s behaviors have started to be evaluated within the framework of the responsibility of the physician. When the said health criminal law is in force, the Medical Deontology Regulation dated 13.01.1960 and the Ministry of Health’s Patient Rights Directorate dated 01.08.1998 are taken into consideration. All the principles to be applied regarding patient rights are determined with this regulation. However, the Civil Code and the Turkish Penal Code come into play when physician’s defects are insufficient. The Turkish Penal Code no. 5237, which entered into force on 01.06.2005, together with the duties and duties of the personnel working in the health institutions was clearly explained and determined in front of the laws. Physicians have more than one area of ​​responsibility in terms of ethical rules, criminal law and civil law. Physicians who do not adhere to the rules of ethics are referred to the honor board of the Chamber of Medical Doctors as per the Article 30 of the Turkish Medical Association Law No. 6023. In order for a physician to be tried for criminal law, his / her behavior must be clearly stated as a crime in the law. Finally, in order to be able to talk about the responsibilities of physicians within the scope of Civil Law, there must be a loss and therefore a compensation price. In the light of this information, it is possible to say that health law has worked with the support of Turkish Penal Code, Civil Code and Code of Obligations.
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