We have to keep the path of the hospital in daily life. So, sometimes we would like to go to the doctor even for a slight headache that we can not diagnose. Even as they get older, doctors become almost our greatest friends. For this reason, medicine has a special place in every stage of history. The most important reason of this is that the subject of medical science constitutes human life. and it is a completely unique specialty. Because a false diagnosis and subsequent treatment of the wrong, such as a person’s life will be overturned, may even lead to a complete point of life. For this reason, practitioners of medical science, namely the responsibilities of doctors are heavy in all aspects. So what should we do if this responsibility is violated by doctors?

Law, as an institution that judges every aspect of life, also tells the last word in the field of health. E.g; the appointment of a physician to a hospital and the procedures for the collection of medicines from pharmacies; it constitutes the subject of administrative law. However, one of our rights guaranteed under the Constitution is the right to health.

The right to health is guaranteed in our Constitution as follows:

Person’s immunity, material and spiritual existence

Article 17 – Everyone has the right to life and to protect and improve his material and spiritual existence.

The physical integrity of the person cannot be touched, except in the case of medical imperatives and law; shall not be subjected to scientific and medical experiments without consent.

Health care and environmental protection
ARTICLE 56- Everyone has the right to live in a healthy and balanced environment.
It is the duty of the State and citizens to improve the environment, protect the environment and prevent environmental pollution.
To ensure that the state maintains everyone’s life in the physical and mental health; human resources and substance power by increasing the efficiency and efficiency, in order to realize the cooperation of health organizations in order to organize a single-handed organization.
The State performs this duty by utilizing and supervising the health and social institutions of public and private sectors.
General health insurance can be established by law for the widespread implementation of health services.

As it is seen, in our Constitution, which is accepted as the guarantee of our fundamental rights and freedoms, our right to health is also secured. What if we are a victim of a doctor’s fault despite these safeguards, can we hold the doctor responsible? In other words, how to account for the doctor / hospital administration or the state that assured us We’ll keep?

The doctor or hospital is obliged to compensate the damages caused by all the mistakes that he made in the treatment stage. In this case, patients should defend their rights by claiming compensation for compensation.

It is also against the legal relationship between the doctor or the hospital, that the patient’s care or treatment duty is damaged due to incomplete or inadequate treatment. Therefore, the physician is obliged to compensate for the pecuniary and non-pecuniary damages to the patient as a result of improper treatment and to compensate the pecuniary and moral damages separately.

However, the undesirable result of a treatment cannot always be evaluated in this way. Damage suffered by the patient, the doctor or the hospital;

– ignorance,

– Inexperience,

– Lack of Attitude,

– Carelessness,

– Uncompromising,

– Incompetence,

– Not abiding by the rules,

 

If it is formed by one of the reasons, there is a tazminat medical error maddi that is bu doctor error neden and in this case we have the right to file a material and moral compensation.

In this case, who should be the defendant, we have to make a distinction between the wrongful treatment of state hospitals and private hospitals:

1) MISCELLANEOUS TREATMENTS IN STATE HOSPITALS

In the case of civil servants and other public officials, compensation cases arising from the defects they have committed can only be opened against the state to which the hospital is attached. The administration is obliged to compensate the damage caused by the service fault of the doctors who are public officials. For this reason, medical responsibility is the state of state due to the treatment in state hospitals. Therefore, we will have to open a full judicial case in the Administrative Courts in the case that we will open due to the problems caused by the state hospitals.

2) WRONG TREATMENTS IN PRIVATE HOSPITALS

There is an employer / employee relationship between the private hospitals and the doctors working in the hospital. Therefore, the private hospital that employs the doctor is responsible for the damage with the doctor as the employee and operator. The compensation case should be opened against the doctor and the private hospital. Therefore, both the doctor and the hospital will show the defendant and we will have to open a case for material / moral damages in the judicial judiciary.

As a result, if we have been victimized due to the misconduct of the hospital or the doctor, we must use our legal right if the conditions mentioned above have been established and we should benefit from the assistance of a qualified lawyer in this field.

The decisions of the Court of Cassation which we think will benefit us are as follows:

T. C.

Supreme Court

4. DEPARTMENT OF LAW

/ 8262 E.2016

K.2016 / 10219

T.19.10.2016

REASONS FOR TREATMENT OF TREATMENT FAILURE AND SPIRITUAL REPRESENTATION PROBLEM (According to the defendant company that claims to be damaging because of the University Faculty of Medicine)

ADMINISTRATIVE INSTITUTION IS NOT TO BE INVOLVED IN THE CASE OF FOREIGN JURISDICTION FOR JUDICIAL JURISDICTION (University Doctor of Medicine, the defendant there is a defendant in the defendant and the defendant claims that the action for the action and the defendant will be seen in the case of the defendant)

ABSTRACT: In the case, the treatment error depends on the material and moral damages request. In the incident subject to the case; The physician, who is a physician at the University Faculty of Medicine, asked the plaintiff to fill a foot with the other defendant staff and stated that he suffered loss and requested material and moral damages. Administrative courts can only be sued for the relevant administrative body. According to this legal regulation, it does not bring proceedings against the real and private law in the administrative courts. The plaintiff, the legal person, the defendant company’s action there, according to the claim that the claimant and the claim that the defendant company opinion and the solution of the case of the court Court, the defendant company board of directors, when there is a decision appropriate, the jurisdiction in the management of the jurisdiction of the jurisdiction and rejection of the case and it was decided to make a fall according to the law.

DAVA: Following the trial made by the court on the request of the plaintiff and the statutory indemnity against the defendants; If there is hostility in terms of x defendant, the decision of the other defendants in terms of the judicial rejection of the case of the Supreme Court of the Court of Appeals, the plaintiffs there if I requested the appeal of the petition of appeal, after the decision of the investigating judge listened according to the procedure.

DECISION:

1-) The plaintiff’s appeal against the defendants x and y must be rejected according to the reasons in the file, the evidence on which the decision is based and the reasons for the law,

2- The other defendant of the plaintiff Z Ltd. Sti. when it comes to appeals;

The case concerned the claim for pecuniary and non-pecuniary damage due to a treatment error. The court decided to refuse the proceedings due to lack of animosity and lack of jurisdiction; In the case of heart surgery performed by the defendant doctor at K University Medical Faculty Hospital, the other defendant had been implanted by the other defendant company, but the pacemaker had failed and did not perform its function. stating that a new pacemaker was inserted and that he had recovered from health problems, he asked the defendants to collect the material and non-pecuniary damage.

The court rejected the absence of hostility against the defendant Y, the case against the defendant Company and J, the administrative court had to be seen in the case of betting decision was given.

In this case, the court, in terms of the business of the defendant company by examining the merits of the decision to be made in accordance with the result, for the reason of judicial jurisdiction on the grounds of non-written reason for the court’s jurisdiction was rejected in accordance with the law and the law did not comply with the decision had to be broken.

CONCLUSION: The decision of the appeal of the above-mentioned decision (2) for the reason shown in the detention, the plaintiffs of other appeals objection (1) as shown in the rejection of the reasons indicated in the case and the request for the return of the request, the decision was returned unanimously on 19.10.2016