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MALPRAKTİS

What is Malpractice? What Are Their Responsibilities?

What is malpractice and what are its responsibilities? malpractice; Derived from Latin words, it means bad, wrong practice. Medical malpractice, on the other hand, arises as a result of faulty and faulty actions in the field of medicine.

WHAT IS A COMPLICATION?

Complication; It is defined as the damages that are accepted by the medical community that may occur despite an intervention that complies with medical standards and that occur despite all kinds of precautions.

DEFECT IN MEDICAL MALPRACTICE

In order for medical malpractice to be in question, there must be a faulty act of the physician, health workers or hospital. In case of fault, liability will arise in terms of criminal and compensation law.

The “illuminated environment” provided by the hospital before the intervention will not create a protective function for the health personnel. The “informed consent” in question will only legalize any “perfect transaction” that may arise. It is not in question for a transaction with a defect.

If we need to look at the concept of defect from a medical point of view, the behavior that should be displayed by a physician with an average level of knowledge, skill and care within the framework of generally accepted medical standards at the time of application emerges.

LEGAL LIABILITY IN MEDICAL MALPRACTICE

In medical malpractice cases, the question of who will be responsible for the deficiencies in health institutions also arises. If we evaluate the responsibility gradually; The surgical team is the first to be held responsible for a shortage in the operating room. In order for the hospital management to be responsible for this situation, the surgical team must have given the necessary warning to the management due to the said deficiency.

In other words, there will be criminal and compensation liability in medical malpractice cases. While there is personal liability in criminal cases, there is joint and several liability in compensation cases.

PHYSICIAN’S RESPONSIBILITY

However, for the responsibility of the physician to be in question;

  • the doctor’s act is against the law
  • to have caused harm
  • due to a faulty behavior of the physician
  • There must be a causal link between the act and the result.

As a result, you can reach us from our contact page for more detailed information about Malpractice.

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