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Private law liability of physicians working in private hospitals arising from medical intervention

Title	Private law liability of physicians working in private hospitals arising from medical intervention
Author	Palanduz, Ayse
Publication Date:	2016
Subject	Physicians, Torts, Legal responsibility, Medical treatment, Business management, Private hospitals
Type	Document
Language	Turkish
Digital	Yes
Manuscript	No
Library:	Özyeğin University
Record ID	f02cfeaf-cf82-4420-a552-732d53bd73bf
Library Location	Department of Private Law
Date	2016
Sample Text	In this study, the private legal responsibilities of physicians serving in private hospitals arising from medical intervention are discussed. First of all, basic concepts related to health, especially medical intervention, and the management and functioning of private hospitals are explained. Then, the sources of private legal liability arising from medical intervention of physicians serving in private hospitals were examined respectively. First, the elements of the medical contract are specified, the discussions about its legal qualification are explained, and the obligations arising from the contract are listed. In our opinion, the medical contract should be described as a power of attorney contract; However, the Supreme Court of Appeals defines contracts related to interventions in which the doctor promises a visible result, such as plastic surgeries, as work contracts. Secondly, the debates about culpa in contrahendo liability are briefly mentioned. Thirdly, the conditions of tort liability are explained, especially the reasons for compliance with the law and the patient's consent are emphasized. Finally, the implementation of the provisions on working without power of attorney for physicians is discussed. This dissertation aims to address the private law liability from medical intervention of physicians working at private hospitals. It begins with a brief explanation of basic concepts of healthcare and of management and operation of private hospitals. An overview of all sources of private law liability of doctors working at private hospitals follows. The scope is limited to private law liability from medical intervention. Firstly, rights and obligations contained in doctor-patient contract are explained and discussions on the characterization of these contracts are analyzed. The conclusion is that doctor-patient contract is an example of contract of mandate. However, the Court of Cassation holds that in case of treatments such as cosmetic surgery where a visible outcome is promised, the contract in question should be characterized as a contract for work and services. Secondly, liability based on culpa in contrahendo is outlined. Thirdly, tort liability is explained with a particular emphasis on consent as defense against criminal liability. Finally, application of negotiorum gestio to medical intervention by physicians is discussed.

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Özyeğin University

Private law liability of physicians working in private hospitals arising from medical intervention

Author Palanduz, Ayse

Publication Date 2016

Subject Physicians, Torts, Legal responsibility, Medical treatment, Business management, Private hospitals

Type Document

Language Turkish

Digital Yes

Manuscript No

Library Özyeğin University

Record ID f02cfeaf-cf82-4420-a552-732d53bd73bf

Library Location Department of Private Law

Date 2016

Sample Text In this study, the private legal responsibilities of physicians serving in private hospitals arising from medical intervention are discussed. First of all, basic concepts related to health, especially medical intervention, and the management and functioning of private hospitals are explained. Then, the sources of private legal liability arising from medical intervention of physicians serving in private hospitals were examined respectively. First, the elements of the medical contract are specified, the discussions about its legal qualification are explained, and the obligations arising from the contract are listed. In our opinion, the medical contract should be described as a power of attorney contract; However, the Supreme Court of Appeals defines contracts related to interventions in which the doctor promises a visible result, such as plastic surgeries, as work contracts. Secondly, the debates about culpa in contrahendo liability are briefly mentioned. Thirdly, the conditions of tort liability are explained, especially the reasons for compliance with the law and the patient's consent are emphasized. Finally, the implementation of the provisions on working without power of attorney for physicians is discussed. This dissertation aims to address the private law liability from medical intervention of physicians working at private hospitals. It begins with a brief explanation of basic concepts of healthcare and of management and operation of private hospitals. An overview of all sources of private law liability of doctors working at private hospitals follows. The scope is limited to private law liability from medical intervention. Firstly, rights and obligations contained in doctor-patient contract are explained and discussions on the characterization of these contracts are analyzed. The conclusion is that doctor-patient contract is an example of contract of mandate. However, the Court of Cassation holds that in case of treatments such as cosmetic surgery where a visible outcome is promised, the contract in question should be characterized as a contract for work and services. Secondly, liability based on culpa in contrahendo is outlined. Thirdly, tort liability is explained with a particular emphasis on consent as defense against criminal liability. Finally, application of negotiorum gestio to medical intervention by physicians is discussed.