Types of Responsibility of My Physician
Defect Responsibility
My physician is responsible for the rate of injury to the patient.
Flawless Responsibility
Responsibility of the physician, employee or assistant (BK p.55, p. 100) and liability for patient harm caused by the medical device used by the physician (BK p.58) are examples of this responsibility.
Causes of my doctor’s jurisdiction
Contractual Responsibility of My Physician
means the responsibility of the physician who infringes his patient by violating his contractual obligations.
In order to talk about the responsibility of my physician originating from the contract;
- It is necessary to have a contract established between the physician and the patient in an open or embroidered form.
- The contract must be violated by the physician.
- The patient must have suffered a material or spiritual injury.
- The physician must have deliberately or negligently violated his obligations under the contract and must have been defective by failing to perform his duties at all or as required.
- The harm of the patient should be born because of the defective behavior of the physician.
- The illness between injury and defect must be connected and the patient suffering from spoilage falls.
My Physician’s Unclaimed Responsibility
My physician’s intention from the non-contractual responsibility; is a liability arising out of the illegal act or inaction of the physician who intervenes in the patient or does not intervene in the absence of an express or implied contract.
Comparison of My Contractual and Non-Contractual Responsibility
If a physician has come to the conclusion of a hospital intervention that a treatment contract exists, where the physician will be referred to both the contractual responsibility and the contractual responsibility. That is, because the physician did not fulfill his duty properly, the damage of the patient was born, so the physician violated the contract. At the same time, however, the physician has harmed the patient by performing an unprotected behavior under the law, and the elements of the tort are also realized.
Legal Qualification of Relationship Between Physician and Patient
There is a contract of attorney in relation to physician and patient.
If the Elements of the Contract
- The physician is responsible for an occupation / diagnosis, treatment, etc. for the patient. .
- Work is carried out relatively independently, without time dependence, and there is no guarantee of recovery.
- The contract of attorney to be made between the physician and the patient does not depend in any way, it can be done openly or implicitly.
- If the contract or custom is given, the physician shall be entitled to a quarter.
Of the Procurement Agreement
According to Article 396 of the Code of Obligations: Dismissal from office and resignation from him are always permissible. As a matter of fact, a person who resigns from his position or resigns from his position at a later time is unfit for the other.
Material and moral damages arising from medical intervention
Property Damage
The medical science is harming the property of the patient who died because of the behavior of a physician who is not approved by the moral and legal order, or the patient who has lost his body power. Due to the defective behavior of the physician, in the event of the patient’s death, the compensation for the financial damages is provided by ” Support Retirement Compensation ”.
Considerations in the calculation of deprivation compensation in case of death
- Pre-death income of the deceased
- The age of the deceased
- Defect rates; it is of great importance to determine the rates of defects of the physician and the patient when the amount of compensation is determined.
- Whether the surviving partner is male or female, whether or not they have a chance to marry again.
Spiritual Loss
It refers to the loss of one person, which is not measured by money, except for the will of the person.
If there is a reduction in the quality of life, pleasure and pleasure of the patient suffering from a medical intervention, the possibility of moral hazard may be mentioned.
Non-pecuniary damage in case of death of the patient
The relatives of the patient who died of the malpractice of the physician had the right to claim compensation for non-pecuniary damage. This right arises from the explicit provision of the law itself.
Spiritual Compensation in the Case of the Hospital’s Cismani Enumeration
In the event that the patient’s body is damaged due to the faulty behavior of the physician, only the patient who is suffering from the body can claim compensation for the non-pecuniary damage. Relatives can not claim compensation based on the provision of RK.47.
Essential Measures for the Determination of the Amount of Non-pecuniary Damage:
- Psychological trauma caused by death
- The rate of disability is temporary or permanent
- The malpractice of the physician is the permanent trace of the resultant patient’s body, the place where he is allowed, the gender of the patient, his age, his occupation
- Defect rates
- Social and economic situation of the parties
