Compensation Cases Based on Doctors’ Practice Errors
What is Medical Malpractice?
Medical malpractice is a condition in which an injury or damage is caused as a result of improper behavior or neglect of duty while medical science is being performed in general. In theory, it is more preferable to express it with concepts such as Medical Malpractice, Medical Error, Medical Application Errors, and Poor Practice of Medicine.
What is a Malpractice Compensation Case?
Physicians may be held personally liable in accordance with the provisions of the criminal law for the damages they cause to their patients through errors, negligence or defects while performing their duties, as well as liable for compensating the material and moral damage suffered from their personal assets in accordance with the provisions of the Code of Obligations.
Within the scope of the physician’s legal liability, compensation cases are substituted for material and moral damages caused by medical malpractice, and in practice, the physician’s legal liability is called “compensation liability”. The elimination of the damage caused by the defective behavior of the physician while providing health services is within the scope of his legal responsibility, and the relationship between the physician and the patient is based on the Decency agreement according to the dominant opinion in practice. Therefore, since it can be said that the patient-physician relationship is generally a power of attorney contract, compensation claims in such cases are evaluated based on the power of attorney contract provisions of the Law of Obligations. However, in cases where there is no contractual relationship between the physician and the patient, the physician will be responsible according to the provisions of the tort Decisionary act.
In case the patient is harmed as a result of the unlawful medical intervention of the physician, certain conditions must have been fulfilled in order to be awarded compensation. According to this,
Unlawful act of the physician (it may be in the form of violation of the contract, as well as in the form of a tort or work without a power of attorney)
A harm that has arisen as a result of medical intervention
A defect that can be attributed to the doctor
There must be a Decency link between the defect and the resulting damage.
If these four elements occur together, the compensation responsibility of the physician may come to the agenda. On the other hand, if even one of the four elements is missing, it will not be possible to rule on compensation for the physician.
The element that needs to be emphasized here is the concept of imperfection. Because, if there is no defect, it is not possible to talk about the responsibility of the physician. For example, physicians will not be held responsible because a physician’s defect cannot be mentioned due to a result that is impossible to prevent. From the point of view of physicians, the accusation of a defect should be addressed with the criterion of “compliance with medical necessity”, and this issue should be underlined in particular in the defense. At this point, taking into account the knowledge, professional ability, experience, physical and intellectual power that the average physician should have, it will be examined whether the physician deviates from his behavior in a concrete incident, and if there is a deviation, it will be qualified as a defect.
In compensation cases to be opened for the compensation liability of the physician, proving the defect is very important as well as the concept of defect. The relationship between the physician and the patient is Deciphered in the contract
if it is based on a relationship, the physician is assumed to be defective, and the patient is only obliged to prove that there is a causal link between the harm he has suffered and the violation of the Dec. If the relationship between the physician and the patient is not based on the contract, the patient is also obliged to prove the physician’s fault, since the relevant intervention will be Deciphered as a tort. For this reason, the source of the relationship between the patient and the physician causes quite different results in terms of the subject of proof, so the determination on this issue Decisively needs to be done.
How to Open a Malpractice Case?
In the event that the physician does not perform standard, up-to-date practice during his medical intervention, harms the patient due to lack of skills or failure to treat the patient, the responsibility of the physician will come to the fore. The patient who encounters such a situation and is harmed has the right to file a claim for compensation to cover the damage. Accordingly, the patient will be able to claim material and moral compensation if he proves the existence of the damage, the Decency of the physician and the ill-nature of the connection between the defect and the damage.
Financial Compensation
In compensation cases substituted within the scope of medical malpractice action, it falls to the patient (plaintiff) to prove the damage. However, if it is not possible to determine the true amount of the damage, the judge will determine the damage using his discretion.
In case of death, burial expenses, treatment expenses and damages arising from not working may be requested if the death did not occur immediately. People who receive constant and regular assistance from the deceased person can claim compensation for lack of support, if the assistance would have continued according to the circumstances if the death had not occurred. These are the deceased’s spouse, children, etc. may be.
In the case of bodily harm, treatment costs, damages arising from the loss of working power and the shaking of the economic future can be claimed. It should be noted here that the right to claim compensation for bodily harm belongs only to the patient.
Moral Compensation
For moral damage, it is enough that an undesirable situation has occurred in a person’s health.
In the provision of the article on the scope of moral compensation and damage caused due to the act of medical malpractice, it is regulated that the patient’s family can also claim moral compensation in the event of his death. If the patient or his family suffers pain, pain, sadness due to incorrect medical intervention when the necessary conditions are met, it will be possible to request the appropriate amount of money as moral compensation.
In What Periods of Time Should the Malpractice Compensation Case Be Opened?
The form of the relationship between the physician and the patient also makes a difference in terms of the Decommissioning period. If the patient-physician relationship is based on a contract, claims based on the contract are subject to a 5-year statute of limitations. In contrast, if the patient-physician relationship is based on contract, compensation claims, losses and damages of 2 years from the date of knowledge of damage liable for and in each case the verb will expire with the passage of 10 years from the date processed.
Where to File a Malpractice Lawsuit?
* Direct lawsuits cannot be filed against doctors working in the public sector. The direct addressee of this case is the administration, that is, the Ministry of Health. In case of loss of the case, the administration (Ministry of Health) has the right of recourse to the doctor employed as a staff member in relation to the defect, the case is notified to the relevant medical personnel and thus it is ensured that the doctors participate in the case as an intervener alongside the defendant administration. The period is 30 days from the notification.
* A lawsuit can be filed directly against doctors working in private. Material and moral compensation lawsuits filed against doctors working in private due to medical malpractice fall under the jurisdiction of the judicial judiciary and are heard in civil courts of first instance. In practice, lawsuits are often filed jointly against both the physician and the private hospital being studied.
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