Faulty Medical Treatment

Faulty Medical Treatment

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It is a harmful result caused by a doctor’s error or an error caused by the technical equipment used. What is important here is the difference between malpractice (bad practice of Medicine) and complication(Risk permitted by law).

Lawsuits against the doctor and the hospital

Although the information contained here is not very basic and sufficient, at least in this way, our citizens can learn about compensation cases arising from medical error, both patients and doctors and hospitals will also contribute humbly. In our legal system, the legal responsibilities of doctors are the responsibility of a flaw. For this reason, damages arising as a result of the medical activities of the doctor are evaluated according to the liability for defects as a rule.

Despite all the training and equipment and good intentions of our doctors ( doctors), many of whom work under severe conditions; misdiagnosis of their patients, improper treatment, improper surgery, incorrect medication, etc. unfortunately, we see that causes damage, causing patients to be injured, crippled, and sometimes even killed. The fact that the compensation given by the courts has started to be higher than before, the responsibility of hospitals and doctors in cases is accepted more often than before, has led to an increase in lawsuits filed due to medical errors.

Every medical intervention and treatment that will be performed carries a number of risks. Damage may arise due to the doctor’s failure to perform standard, up-to-date practice during treatment, lack of skills, or improper treatment that he applies to the patient. Improper medical treatment may be caused by physician error or technical instruments used.

Improper medical treatment occurs in the following cases:

Damage to a patient due to ignorance, inexperience or apathy

Intentionally causing harm to the patient

Conduct contrary to the treatment contract

Acting contrary to the obligations imposed on him by law

Damage caused by improper use of medical instruments and technical equipment.

Conditions that are considered malpractice, especially not considered complications

Damage to the patient as a result of improper and improper examination

Physician’s inexperience in profession and art

Conduct contrary to the contract between the patient and the physician

Intentional harm to the patient

Damage to the patient as a result of improper and improper examination

Damage caused by improper use of medical instruments and technical equipment during examination and treatment.

Lowering the body of patient care compromised the integrity of the presence of damage in case of damage in terms of causal treatment method in the phase of the bond with the court should be investigated, and if deemed necessary examination should be performed, and an accurate evaluation and interpretation of the available evidence, with the presence or lack of a medical intervention that cause harm should be investigated. In case of legal disputes, since the evaluation may differ in terms of each concrete event, the lawyer has a great responsibility for this matter.

In the Netherlands, there is no special regulation based on the legal responsibilities of doctors. For this reason, damages arising as a result of the medical activities of the doctor are evaluated according to the liability for defects as a rule.

If there is a previous contract between the doctor and the patient, the doctor’s legal responsibility is in accordance with the Articles of the Code of Obligations and its continuation:

If there is no previous contract between the doctor and the patient, my doctor’s legal responsibility will be determined in accordance with Articles 41 of the Code of Obligations and its continuation.

Liability Of The Doctor Arising From The Contract

Doctor and patient civil liability is determined according to the provisions of the contract between them.

The liability of the doctor arising from the contract shall be in the form of compensation for the damage suffered by the patient as a result of the doctor never performing or performing his duties arising from this contract.

For this;

A contract must be made between the doctor and the patient.

This agreement may be a written contract or an implicit contract.

– The Contract Must Be Violated.

Code of obligations of a contract between a doctor and a patient 96. according to the article, it has not been performed at all or properly; it must be.

– Damage must occur

The most important condition for the birth of the doctor’s responsibility is that the damage has occurred. Damage can be material and spiritual.

The Damage Caused Must Have Been Caused By The Doctor’s Defect.

Code Of Obligations 96. according to the article, in order for the doctor to be held responsible, it is necessary that he did not fulfill his responsibilities knowingly or negligently.

– Illusion Bond

The damage caused must have been caused as a result of the doctor’s failure to perform his duty.

Conditions For Non-Contractual Liability Of The Doctor

1-verb

In order for the doctor to have out-of-contract responsibility towards the patient, it is necessary to first act against the patient. This behavior may be in the form of execution (intervention) or negligence (avoidance).

2-Illegality

In order for the doctor’s non-contractual liability to the patient to arise, it is necessary to cause material or moral damage to the patient.

3-Doctor’s Defect

According to the code of obligations, in order for the doctor to be responsible for his legal action against the patient, he must have acted flawed. But when it comes to the responsibility of the employee, the doctor will be responsible, if not flawed.

4-Shout Illusions

The damage caused must have been caused as a result of the doctor’s failure to perform his duty.

Compliance with the law in terms of Doctor intervention :

The doctor must necessarily obtain the consent of the patient to whom he will intervene. In order for the consent to be valid, the person. After being informed about the operation, the intervention, their side effects, possible complications, the drugs to be used and their side effects, consent should be obtained. Consent obtained without patient disclosure is invalid. According to this law, simple interventions specified in the section on consent have also been accepted that the patient consents to the doctor. But in major surgical interventions, the written consent requirement is mandatory.

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