Health Law & Malpractice

Health Law & Malpractice

Medical Malpractice Law Firm Istanbul,Turkey WiklundKurucuk  

WiklundKurucuk consists of Turkish Medical Malpractice Attorneys and Malpractice Lawyers in Istanbul, Turkey specializing in Turkish Medical Malpractice Law.

Turkish Medical Malpractice Law Firm Istanbul Turkey  WiklundKurucuk has been providing legal services to a wide range of clients in Health Care Law, Pharmaceutical Law and Medical Malpractice Law for over 15 years. 

Turkish Medical Malpractice Law Firm Istanbul Turkey WiklundKurucuk consist of medical malpractice lawyers in Istanbul, Turkey specialized in Turkish Medical Malpractice Law and Turkish Pharmaceutical Law. 

Our medical malpractice attorneys in Istanbul, Turkey provide high quality legal assistance and legal representation to people and families who are victims of medical malpractice and medical negligence.

The negligence on the part of a medical professional can occur in a variety of ways some of which include: Retained foreign objects after surgery, surgery on incorrect body parts, birth injury, stroke, medication errors including improper medication or inaccurate dosage, poor follow-up or aftercare, premature discharge, disregarding or not taking appropriate patient history, failure to order proper testing, failure to recognize symptoms, anesthesia errors, misdiagnosis, delayed diagnosis, the wrong diagnosis or failure to diagnose, surgical errors, unnecessary surgery, wrong site surgery, misread or disregarded lab results etc. 

Damages in Medical Malpractice Cases include medical bills, wage lost, loss of enjoyment of life, physical and mental pain and suffering, future earnings losses etc.

Turkish Medical Malpractice Law Firm Istanbul Turkey WiklundKurucuk has medical malpractice attorneys based in Istanbul, Turkey that specialize in all sub-branches of medical malpractice law and assist their clients with evaluating their case and what their legal rights are.

​ SERVICES OF A MEDICAL MALPRACTICE LAW FIRM IN ISTANBUL

Malpractice: it refers to professional misconduct concerning medical, lawyer, or any other field. These days, medical malpractice is becoming one of the common terms that people are discussing. So, let’s find out:

1.    What is Medical malpractice?

2.    What are the services offered by medical malpractice law firms?

​

WHAT IS MEDICAL MALPRACTICE?

Medical malpractice happens when any medical clinic, hospital, doctor, or any other medical professional create a health-related problem for a patient. These health related issues occur because of the negligence of doctors or medical staff. The negligence may be the mistakes in treatment, diagnosis, and health management.  

There are many strict rules formed by our government for the proper functioning of the medical field. And if you are the one who is suffering from any medical problem because of improper management of doctors and their staff, medical malpractice law firm Istanbul Turkey helps you with their best and expert lawyers.

WHAT ARE THE SERVICES OFFERED BY MEDICAL MALPRACTICE LAW FIRMS ISTANBUL TURKEY?

Here are the services that any medical malpractice law firm in Istanbul will provide you:

•    offer you expert lawyers who work for you to solve your problems through a brief case study

•    help you in taking testimonies of medical personal, experts, and other outsiders

•    provide you complete records of respective medical case  

•    doing complete legal analysis and identifying the best solution for your case

•    working with a lawful attendant to find out case merits and survey clinical records

If you and your family found any casualty of Medical malpractice, it is always great to consult with WIKLUNDKURUCUK Istanbul’s best medical malpractice law firm.

If you or someone from your family suffered an injury because of medical malpractice in Turkey please contact our skilled and experienced medical malpractice attorneys. Please call our office at +90 850 532 73 67 today.

A healthy life of a person is brought under terms and conditions, leading to the emergence of the health law structure. Ethical performance of the relationship between the patient and physician, the use of drugs and treatment methods has led to any developments in the field of health law.

Our office services to the local and foreign clients as an Istanbul health law attorney for the relationship between the patient and physician in the field of health law.  The Constitution contains regulations in many areas regarding health. For patient rights, there are the quantitative rights such as Patient Rights Regulation, Health Law and Legislation, Physician’s Obligation to Inform in Medical Interventions.

The relationship between the patient, hospital and physician is shaped according to the health provisions determined by the government. Otherwise, the patient, doctor or hospital is faced with the litigation process. The healthy life right consists of the same framework for the patient, physician and hospital as for the Istanbul health law attorney. All events requiring a medical intervention include the health law and its sub-branches.

What Is the Health Law?

The health law is a department of the law that regulates the relationships between those, who require any medical services, and those, who provide such health service. In addition, it regulates the relations with the government, that is, the administration. The health law provides individual with the right to life. Together with relationship between the patient, physician and organization, the government also has rights under the law, which is included in the health framework.  The health law is not created only for the individual, physician or organization. Also, the health law determines the obligations of the organization for the patient, physician and hospital.

The health law places the healthcare providers and the individuals, who receive the healthcare services, under obligation and responsibility. Therefore, the right to health is included in Article 25/1 of the Universal Declaration of Human Rights dated of December 10, 1948. In our country, Article 56 of the 1982 Constitution contains the following article on health: “Everyone has the right to live in a healthy and balanced framework. The government is also responsible for maintaining everyone’s life, physical and mental health.”

The Istanbul health law attorney is obliged know relationship between the patient, hospital and physician under the health law. The health dispute to be caused by this should also ensure that the concepts of litigation process, timeout and litigation authority are known.

A new health law attorney department is established under the health law. If the health law attorney refers to the person, who defends the rights for the relationship between the organization, which provides services in the healthcare, the physician and the patient under the laws.

Legal Liability in the Health Law

There are rights and obligations between them due to the relationship between the physician, patient and organization. Especially, the Istanbul health law attorney is obliged to examine these three relations under the legal responsibility.

In the event that anyone acts contrary to the law for the debts owed to him/her under the contract within the relationship between the physician, patient and organization, a legal liability arises. As a result of this, the physician has a legal responsibility against the patient, since the physician fails to act contrary to the patient’s intention, to pay attention and importance to the patient, and to perform the examination process personally, and violates the legal proceedings in the contract.

The legal liability of the patient arises as a result of endangering the safety of the organization and physician, disrespecting the physician and patient, preventing the examination process and acting against the intention of the physician and organization. If these three main elements are not performed, it is determined under the constitution and laws that the patient is legally responsible.

If the physician or organization harms the patient, discloses the information of the patient, and fails to observe the Regulation of Patient Rights, they are basically the beginning of legal responsibility for physician and organization within the scope of the patient rights.

Criminal Liability in the Health Law

The Istanbul health law attorney has knowledge on criminal liability as well as legal liability, and must protect the rights. The physician and patient have criminal responsibilities for different reasons. For example, if the physician harms patient intentionally, deprives the patient from the examination process, acts contrary to the institution and patient rights, these can be considered as the beginning of the criminal responsibility process of the physician. This situation is clearly stated in Article 45 of the Turkish Penal Law.

If the healthcare organization creates a contradiction in the shift schedule for physicians and thus causes a death directly, these will result in negligent criminal liability. As a result, the health law attorney is obliged to investigate the rights and obligations of the physician. 

The situations, where physicians and organizations are under the criminal liability, are as follows:

• Deliberate murder or injury;
• Involuntary manslaughter;
• Abortion crime;
• Misconduct;
• Perpetration;
• Saving and retaining personal data;
• Failure to  report the crime known by him/her;
• Organ & tissue transplantation; and
• Doing experiments on people.

In these cases, the criminal liability of the physician arises. The Istanbul health law attorney is obliged to perform the duty of attorney under the criminal responsibilities of the physician, institution and patient.

Malpractice Suits

Malpractice (physician’s mistake) is defined as follows in Article 13 of the Codes of Conduct on Medical Practice of the Turkish Medical Association: “If a patient suffers harm due to lack of knowledge, inexperience or indifference, this means the bad medical practice.” Malpractice occurs when the doctor makes a mistake in the medical field. Filing a malpractice compensation case is among the duties of the health law lawyer.

The most important issue in the medical malpractice process, that is, in the malpractice process, is to explain or prove the claiming situation with evidence. This situation determines the fate of both malpractice cases and the statute of limitations, the burden of proof and the compensation calculation. The Istanbul health lawyer is obliged to provide consultancy to his clients during all malpractice and complications.

There are some stages of malpractice emergence. The physician’s responsibility in the violation of the medical standard in the legal proceedings arisen from the relationship between the institution, doctor and patient arises in the following situations:

• While the physician diagnoses the patient;
• While the physician examines the patient; and
• Whether the physician is sufficient and qualified to treat the patient or not.

There are two contracts between the physician and the patient before the malpractice process:-

• Attorney contract
• Work contract

Such two contracts determine the nature of the medical intervention. While the consumer court hears the process arisen from malpractice, the administrative court hears the malpractice process about public hospitals and institutions, and if the physician implements a malpractice process against the insurance company, these cases are heard by the commercial court of first instance.

Malpractice case and indemnifications must be resolved by the specialized Istanbul health lawyers. This is why many malpractices can actually be complicated and requires a specialist lawyer due to the comparison with this. Complication is also defined as the damages that inevitably occur despite all kinds of precautions, which are accepted by the medical professionals that it may occur despite an intervention in accordance with the medical standard. If the complication is not noticed in time, if the necessary measures are not taken, although it is noticed, and if these measures are not considered as an established standard medical intervention, although they are noticed and any measures are taken, malpractice is referred.

Patient Rights

All patients, who receive a therapy in the private or public hospitals, are considered within the scope of the Regulation on Patient Rights and the Codes of Conduct on Medical Practice, the Medical Deontology Regulation and the European Statute on Patient Rights. In order to be able to take legal protection, this matter is governed by article 1 of the Regulation on Patient Rights for purposes of ensuring that a patient may to benefit from the rights of the patient in accordance with human dignity, protect his rights and seek legal protection when necessary, wherever a medical service is provided.   

A patient basically has 11 patient rights as follows:

• Privacy protection right
• Right to determine an order of priority 
• Right to require information
• Right to select freely
• Security right
• Care right
• Right to take a medical care
• Right to use religious services
• Right to visit
• Complaint and indemnification right
• Right to respect time

The Istanbul health law attorney is obliged to defend all patient rights against the physicians as well as the private and public hospitals and to consult the patients.

The main purpose of the patient rights is to maintain the basic right of patients to live in the healthcare institutions. In addition to the patient rights, there are also some responsibilities. These responsibilities are prepared for purposes of preventing violation of the patient’s rights of the physician or institution and of complying with the provisions specified in the law. 

Our Services in the Field of Health Law

Our office provides the Istanbul health law attorney services in the field of health law. In this context, it provides services regarding legal or criminal responsibilities that may arise in the relationship between the physician, the institution and the patient. Our office, which serves its local or foreign clients, has obtained competence in its field and has provided a legal advice in hundreds of fields of health law since its establishment.

Our company employs the experienced lawyers in the field of health law attorney. We work to fulfill, protect and develop the rights and obligations of the patient, physician or institution. We provide services to all of our clients without discrimination and support our clients to seek for their rights.

It must be known that it is important to be specialized in health law just like specializing in medical field. In this context, we provide any legal advice and attorney services under the laws and in accordance with the Turkish Penal Law. The services that you will receive from our office for the health law are as follows:

• Malpractice case and indemnification;
• Crimes arisen from patient and physician rights;
• All criminal responsibilities against the patient or the institution in the violation of the physician’s responsibilities;
• Legal advice and attorney procedures in the administrative or consumer courts for the private or public hospitals; and

Financial and moral indemnification processes for the institution, physician or patient.

In case of any disputes encountered by us in the field of health as the Istanbul health lawyers, we are looking for a remedy in accordance with of the Law of Obligations, Medical Deontology Regulation, Law on the Practice of Medicine and Medicine Sciences. In the services provided by us in the field of health law, objectivity and client protection are our main goals, and we seek for a remedy in cooperation with the experts in this field.