Health Law

Within the scope of health law, we provide professional legal consultancy and litigation services in cases involving violations of patient rights, physician liability, labor law disputes arising from healthcare professionals' employment, and all related damages lawsuits.

Health law is a legal discipline directly related to the protection of life, the most fundamental concept concerning an individual's body. This field specifically regulates legal relationships between physicians, patients, and healthcare institutions; it is considered a specialized branch resorted to for resolving disputes that may arise during the practice of medicine. Consequently, with its hybrid structure encompassing both public and private law, health law holds a highly unique character.

Within this framework, health law primarily deals with issues such as the legal boundaries of medical intervention, patient consent, the right to information, the protection of privacy, and malpractice (medical error/physician negligence). As a result of examining these issues, many cases and claims encountered in practice are addressed from various perspectives by the Regional Courts of Appeal, the Court of Cassation, and occasionally the Constitutional Court, as repeatedly established in case law; they are also considered comparatively with the perspective of the European Court of Human Rights.

For instance, a medical intervention performed by a physician may lead to detrimental outcomes for the patient. In such a case, what will be the legal consequence of the harm incurred within the legal system? The question is simple, but its answer requires detailed examination. For a medical intervention to be considered lawful, three fundamental conditions must be met concurrently: the patient's informed consent, medical necessity, and procedural compliance. If even one of these elements is missing, the intervention is deemed unlawful.

In accordance with the right to information, the patient must be enlightened about their health status and reasonably informed about the procedures to be performed. At this stage, the duty to inform should not be limited to verbal explanations but also supported by written documentation. As emphasized in the decisions of the European Court of Human Rights, an individual's right to self-determination over their body cannot be restricted without explicit and informed consent.

A physician's liability is not limited to guaranteeing the outcome of treatment, but rather to exercising the requisite care and diligence in the performance of their profession. Accordingly, fault (negligence) is sought in damages arising from medical interventions. Consequently, in the presence of fault, the physician's civil and criminal liability may arise. However, erroneous interventions performed by a physician without intent are mostly evaluated under the scope of negligence. Another important question arises here: Can a patient only seek recourse from the physician if they suffer harm during the treatment process? The answer varies depending on the institution within which and the scope under which the said harm occurred. This is because healthcare institutions also bear liability within the framework of administrative law or private law provisions. Indeed, in some cases, both the physician and the institution may be held jointly liable.

The criminal dimension of health law is significant concerning offenses committed during the treatment process. Particularly, offenses such as causing death or injury by negligence, abuse of office, and violation of privacy frequently come before the judiciary. Constitutional Court decisions, at this point, reiterate the state's positive obligations regarding interventions affecting an individual's physical and mental integrity, emphasizing the duty to conduct effective investigations.

Malpractice claims are one of the most contentious areas of health law. In such claims, it is alleged that the physician acted contrary to professional standards and failed to adhere to current knowledge and experience. Courts render decisions based on technical examinations supported by expert reports. This necessitates the establishment of a fair trial for both the patient and the physician.

Furthermore, the issue of patient data confidentiality holds significant legal importance. The sharing of patient files with third parties is subject to severe sanctions under the Personal Data Protection Law and its relevant provisions. Violations in this context can lead to not only civil but also criminal consequences. The European Court of Human Rights has ruled that individuals must have a reasonable right to control their medical information.

In practice, disputes related to health law are not limited to private hospitals. Similar disputes frequently arise in public hospitals, in which case they fall within the jurisdiction of administrative courts. Here, it is possible to file full remedy actions (actions for damages against the administration) for harms arising from administrative acts and procedures. Courts render decisions by evaluating the administration's fault in service.

The right to refuse treatment is recognized as an extension of patients' freedom of self-determination. If the conditions are met, an individual may refuse treatment. However, this situation also entails some fundamental exceptions. For instance, if individuals carrying infectious diseases refuse treatment, intervention may become mandatory as it poses a threat to public health.

Furthermore, disputes arising during the provision of specialized healthcare services concerning pricing, information disclosure, and the consent process create an overlapping structure between consumer law and health law. For example, damages arising from aesthetic surgery procedures are often evaluated in consumer courts.

In the case law of the Court of Cassation regarding compensation claims arising from the service fault of healthcare personnel, classifications have been made into categories such as poor performance of service, delayed performance, or non-performance. This classification is determinative of the amount and type of compensation. Concurrently, these decisions aim to ensure jurisprudential unity in similar cases.

Legal issues encountered in specialized areas such as family medicine, emergency room practices, and mental health services highlight the dynamic nature of the field. In this respect, health law is not static; it is a constantly evolving branch of law in light of changing societal structures, technological advancements, and ethical debates.

The pandemic process necessitated a re-imagination of many aspects of health law, leading to the emergence of new practices, particularly concerning issues such as vaccine consent, isolation decisions, and emergency powers. However, such regulations are obliged to maintain a balance between individual liberties and public interest.

It is essential for professionals working in this field to follow both medical advancements and legal innovations. This is because legislative changes are rapidly updated in line with national and international court decisions. It must be stated that equipping practitioners with sufficient knowledge in both fields minimizes the margin of error.

Health law is a sensitive discipline that directly touches upon an individual's life, health, and personal rights. Therefore, in resolving disputes arising in the field of health law, the aim should not only be the compensation of material damages but also the protection of the individual's psychological integrity, reputation, and sense of trust. Accordingly, especially in matters with a criminal dimension, technical assistance from individuals possessing specialized knowledge is of great importance for both the integrity of the judicial process and the delivery of justice. The execution of relevant procedures in compliance with deadlines and judgment provisions is a self-evident necessity.

Our Law Firm provides the following principal services in the field of Health Law:

Initiation and Conclusion of Damages Lawsuits due to Violation of Patient Rights: Patients' rights, such as consenting to medical intervention, being informed, protection of privacy, and refusing treatment, are among the fundamental concepts recognized within the framework of both national legislation and international instruments. In the event of a violation of these rights, it is possible to institute a damages lawsuit against the relevant healthcare professional or institution. Particularly in the individual application decisions of the Constitutional Court, it is emphasized that interventions affecting an individual's bodily integrity depend not only on the conditions of legality but also on the genuineness of informed consent. Accordingly, in every case examined by our law firm, if there is a violation of patient rights, and this violation has indeed caused harm, compensation may be claimed by establishing a causal link between the harm and the violation.

Initiation and Conclusion of Damages Lawsuits in Cases of Harm Arising from Physician Professional Liability and Medical Errors: Medical practice errors, i.e., malpractice, give rise to legal liability for damages incurred by the patient as a result of the physician's conduct contrary to their professional duty of care. The issue here is not merely the negative outcome of the treatment; it also considers whether the treatment process was conducted in accordance with legislative provisions, scientific standards, and professional rules of diligence. The Court of Cassation has repeatedly emphasized in its decisions that a physician has an obligation to diagnose and treat based on current knowledge, and has legally accepted liability for compensation in cases of negligent conduct. In this context, a lawsuit filed on behalf of a patient who has suffered harm due to a physician's error require __DIR__ . '/../footer.php'; ?>