Back to Search

Thoughts on the contribution of the appeal legal remedy in full jurisdiction cases arising from medical malpractice as an administrative action

Title	Thoughts on the contribution of the appeal legal remedy in full jurisdiction cases arising from medical malpractice as an administrative action
Author	Boulanger, Özge Didem, Çınarlı, S., Çeliktaş, Ö.
Publication Date:	2018
Publication Place	- Legal Publishing
Type	Periodical
Language	Turkish
Digital	Yes
Manuscript	No
Library:	Özyeğin University
Library Asset ID	2147-1045
Record ID	b3acf0e7-81dc-41ad-97d8-e0e24315a98e
Date	2018
Sample Text	Compensating the damage caused by the administration to people is a requirement of the rule of law. Since medical malpractice is an administrative action, it may be the subject of a full jurisdiction lawsuit in the administrative judiciary, and the material and moral damage suffered by people as a result of malpractice must be covered by the administration in case of a service defect. As of July 20, 2016, the legal remedy of appeal has been implemented in administrative proceedings. In this context, decisions made by administrative courts that are not final are subject to legal appeal before the appeal stage; if the appeal application is accepted, they are subjected to judicial review in material and legal terms, and disputes are resolved by retrial when necessary by the appeal authorities. In this study, the legal remedy of appeal in full jurisdiction cases arising from medical malpractice, which is an administrative action, is The responsibility of the state of law is to compensate the damages of public caused by administrative activities. As malpractice cases are type of administrative activities, they can be subject to full remedy judgments and the administration should compensate the demands of material and immaterial losses. As of 20.07.2016, the appeal has been implemented into Turkish administrative judgment system. In this context, if the applications for appeal are accepted, the judicial review for the decisions that are given by administrative courts and which are not definitive will be reviewed by appellate courts. The judicial review at appellate courts are realized both materially and legally and if necessary the decision of administrative courts are annulled, and new judgments are proceeded by appellate courts. In this study the importance and innovation of appellate courts in administrative judgment on malpractice cases is determined.
Cilt	7

View in source Özyeğin University Özyeğin University - Ottoman library catalog search

Özyeğin University

Thoughts on the contribution of the appeal legal remedy in full jurisdiction cases arising from medical malpractice as an administrative action

Author Boulanger, Özge Didem, Çınarlı, S., Çeliktaş, Ö.

Publication Date 2018

Publication Place - Legal Publishing

Type Periodical

Language Turkish

Digital Yes

Manuscript No

Library Özyeğin University

Library Asset ID 2147-1045

Record ID b3acf0e7-81dc-41ad-97d8-e0e24315a98e

Date 2018

Sample Text Compensating the damage caused by the administration to people is a requirement of the rule of law. Since medical malpractice is an administrative action, it may be the subject of a full jurisdiction lawsuit in the administrative judiciary, and the material and moral damage suffered by people as a result of malpractice must be covered by the administration in case of a service defect. As of July 20, 2016, the legal remedy of appeal has been implemented in administrative proceedings. In this context, decisions made by administrative courts that are not final are subject to legal appeal before the appeal stage; if the appeal application is accepted, they are subjected to judicial review in material and legal terms, and disputes are resolved by retrial when necessary by the appeal authorities. In this study, the legal remedy of appeal in full jurisdiction cases arising from medical malpractice, which is an administrative action, is The responsibility of the state of law is to compensate the damages of public caused by administrative activities. As malpractice cases are type of administrative activities, they can be subject to full remedy judgments and the administration should compensate the demands of material and immaterial losses. As of 20.07.2016, the appeal has been implemented into Turkish administrative judgment system. In this context, if the applications for appeal are accepted, the judicial review for the decisions that are given by administrative courts and which are not definitive will be reviewed by appellate courts. The judicial review at appellate courts are realized both materially and legally and if necessary the decision of administrative courts are annulled, and new judgments are proceeded by appellate courts. In this study the importance and innovation of appellate courts in administrative judgment on malpractice cases is determined.

Cilt 7