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10.5606/tgkdc.dergisi.2017.13826
Discussion of physicians legal responsibility in suits for damages brought against cardiothoracic surgeons within the framework of Supreme Court decisions (Cardiothoracic surgery in Supreme Court precedents)
Fevzi Sarper Türker1, Güray Türker2
1Elazığ Medical Park Hastanesi, Kalp ve Damar Cerrahisi Bölümü, Elazığ, Türkiye
2Özok Avukatlık Bürosu, Sağlık Hukuku, İstanbul, Türkiye
DOI : 10.5606/tgkdc.dergisi.2017.13826
In this review, we present the evaluations of Court of Appeals for
13th Civil Chamber concerning decisions made by local courts
as a consequence of medical malpractices by cardiothoracic
surgeons. This legal terminology and concepts, which seem to
be rather distant to physicians ourselves, are valid at every stage
while executing our profession. According to the Turkish Penal
Code, not knowing about the law is not considered as an excuse
and this concept is valid in laws of every civilized country. As in
the examples given in the review, in daily physician and surgical
practices, an ordinary medical intervention may turn into causes of
which their suit may continue for years and result in damages. The
main component in the concept of malpractice is the neglect and
defect in the care and treatment standards. The patient physician
relationship is an attorney agreement and during his/her treatment,
the patient grants the physician the right to intervene with the
integrity of his/her body. In all such cases of conflict, evaluations
are being made within the frame of the current general laws due to
the lack of legal regulations toward health legislation.
Keywords : Cardiothoracic surgery; Court of Appeals for 13th Civil Chamber; legal responsibility of physician; precedents
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