Sağlık Hukuku

Health Law and Malpractice Lawsuits

Health; can be defined as having the ability to be in harmony with the environment in a physical, mental, sociological and mental sense, and not being under the influence of any dysfunction or disability. Health Law, on the other hand, is a unique branch of law that regulates the legal relations between those who receive, provide and benefit from health services, and the control and inspection mechanisms assigned for these services. Incorrect medical practices (Malpractice) are also among the subjects within the scope of health law.

The most common cases in practice in this field are malpractice cases. “Malpractice (Fault of Physician )” its medical name is according to the Professional Ethics Rules defined as; the harm of a patient due to the physician’s ignorance, inexperience or indifference. The World Physicians Association, on the other hand, keeps this definition much broader as the physician’s sloppy behavior negligence, failure to interfere with malpractice, or unnecessarily altering the standard procedure. Malpractice creates legal and in some cases criminal liability of the physician who applies the wrong treatment and the institution to which he is affiliated. Patients who have been harmed due to the physician’s fault or the health institution’s fault have the right to demand material and moral compensation from the physician or the institution. Since medical personnel, physicians and doctors performing their duties may face criminal investigation, sanction and compensation claims at any time with the allegation of wrong and erroneous treatment, and also, since the criminal liability of physicians constitutes an extremely complex special area of law, we recommend you to seek assistance from lawyers who are experts in Health Law and Malpractice cases and criminal cases since it will be important for the exercise of the right to initiate and conclude the process by the expert.

As Güneş & Güneş Law Firm, we follow the current legislation in the field of Health Law and Malpractice, as well as the operation and practices of health institutions in various regions of all cities, especially Antalya, Our services in this field includes all legal matters related to health law, such as malpractice (Doctor/Physician Error) cases, patient rights, physician errors, physicians’ professional responsibility, decisions of the Supreme Health Council, the legal dimension of organ transplantation, and the responsibility of private health institutions. We have been providing legal consultancy and advocacy services for 23 years as health law and malpractice in all our cities throughout Turkey.

Why Gunes & Gunes Law Firm?

23 Years of Experience

We have been providing legal consultancy services to our clients since 1999.

20 Person Team

We are a family of 20 people, with our lawyers and assistant teammates who are experts in different fields of work.

Service in 4 Languages

Internationally, we provide native language-level legal advice in Turkish, English, German and Russian.

33 Different Practice Areas

We provide legal support to our clients in many different fields of work.

The main legal services provided by our Attorney and Law Firm to Domestic and Foreign Clients in Antalya and Turkey in Health Law and Malpractice Cases are as follows:

  • Penalty as a Result of Medical (Health) Medical (Health) Penal Law, Penalty for Administrative, Obligations and Disciplinary Laws, Sanctions and Criminal Investigation against Health Care Professionals, Criminal Liability of Physicians in the Practice of their Professions in Criminal Law; Crimes of Negligent Killing or Injuring, Intentional Killing or Injuring, Deliberately Killing with Negligent Behavior, Miscarriage Crimes, Genital Examination Crime, Abuse of Duty, Failure to Report a Crime That He Learned Due to His Duty, Extortion, Unlawful Recording, Giving, Seizing, Organ and Tissue Transplantation and Experiment on Humans, Crime of Changing the Child’s Lineage, Trade in Organs and Tissues (TCK. M. 91), Torture (Turkish Criminal Code (TCK) M. 94) ), Torment (TCK. Art. 96), Abortion (TCK. Art. 99), Sterilization (TCK. Art. 101), Sexual Assault, Sexual Abuse (TCK. Art. 102, 103), Sexual Harassment (TCK. Art. 101). Article 105), Crimes of Forgery of Documents (TCK. Article 204, 205, 210/2), Extortion (TCK. Article 250), Bribery (TCK. Article 252), Abuse of Duty (TCK. Article 257) , Disclosure of Confidential Confidence (TCK Art. 258), False Expertise (TCK Art. 276), Public Official’s Failure to Report the Crime Criminal Lawyer in Antalya and Turkey in General in Criminal Cases Opened for Crimes Committed in the Practice of Medicine, such as (TCK Art. 279), Non-Reporting of Crime by Healthcare Professionals (TCK Art. 280), Destroying, Hiding or Changing Criminal Evidence (TCK Art. 281) As Attorney Service,
  • Medical Intervention Doesn’t Have the Conditions of Compliance with the Law, Harm of a Patient Due to Ignorance, Inexperience or Indifference; Health Care Due to Malpractice Lawsuits Meaning Malpractice of Medicine Due to Acts and Situations Caused by Health Personnel’s Failure to Perform the Standard Practice with Intention or Fault or Negligence, Making an Incorrect or Incomplete Diagnosis due to Lack of Knowledge or Skills, Or Implementing Wrong Treatment, or Not Giving Treatment to the Patient.
  • We provide malpractice Advocacy Service for Litigation in Health Law Malpractice Lawsuits especially in Antalya and Turkey in General. Our services includes:
  • Information on Physician’s Rights and Patient Rights, Legal Counseling and Assistance in All Matters Regarding Health Law and Rights, including the Right to Medical Treatment within the scope of Patient Rights, the Right to Know, the Right to Consent, the Privacy of Private Life and the Right to Respect for Private Life, Due to Faulty Surgery and Operations Information and Counseling Services on the Rights of the Patient or Patient’s Relatives Due to the Responsibility of the Physician; Providing All Kinds of Consultancy and Advocacy Services in Resolving Disputes Around the Patient – Physician – Health Institution (Hospital), Health Law and Malpractice Lawsuits,
  • Preparation of the Contract to be Established between the Employees, Patients and Suppliers of Health Institutions, Termination Due to the Contract, Lawsuits for Claims and Compensation, Claims and Compensation Cases arising from Liability and Liability of Medical Errors of Healthcare Personnel in the Field of Health Law and Malpractice, Private Health Institutions Management and Health Institutions Advocacy, Mediation and Consultancy Services for Corporate and Professional Liability Insurances for and Employees, Application for Professional Insurance Liability, Advocacy Service in Cases Regarding the Settlement of Insurance Disputes,
  • Advocacy Service to Private Hospitals, Advocacy Service to Local and International Health Insurance Companies, Benefits of its Members before the Social Security Institution and the Ministry of Health, Relations with Administrative Authorities and Regulatory Institutions, Creation of Opinion Documents and Similar Issues, Support and Consultancy Services that Private Hospitals Face; Necessary Applications and Actions for Annulment of Penal Sanctions Implemented by both the Social Security Institution and the TR Ministry of Health, Advocacy Service in Cases of Detection and Annulment of Sanctions Implemented by the Social Security Institution (SGK) on Private Hospitals Due to Nonconformity with the Contract, Especially Hospitals Advocacy Service for Filing Lawsuits with Administrative and Tax Courts for the Annulment of Fines and Tax Penalties as a result of Inspection of Private Health Institutions by State Institutions,
  • Legal Counseling on the Issues of whether Professional Liability Insurance Policies for Physicians and Hospitals Contain All Necessary Clauses and Whether the Coverage Amounts Are Rational According to the Decisions of the Court of Cassation, Transactions Regarding Professional Liability Insurance, Application for Professional Liability Insurance, General Health Insurance, Private Health Insurance, Treatment Expenses Attorney Service Regarding Dispute Resolution, Litigation for Professional Liability Insurances and Litigation Processes,
  • Making a criminal complaint to the Office of the Chief Public Prosecutor about the patient or their relatives who acted in the event of ill-treatment and assault while performing their duties, and Advocacy Service in the Criminal Case Legal Process as a Participant in the Investigation Files and in the Criminal Case to be opened
  • Providing Legal Support for Licensing and Permission to Pharmaceutical Companies and Companies Operating in the Field of Plastic and Aesthetic Surgery within the Scope of Relevant Legislation, as well as Making Registration Applications for Pharmaceutical Patents of Pharmaceutical Companies, Suspension of Patent Infringement in case of Patent Infringement, Prevention of Patent Infringement, Compensation, Unfair Competition. Substitution of Litigations and Representation of Client Companies, Providing Legal Support to Pharmaceuticals, Medical Devices, Food Supplements, Cosmetics Manufacturers in Clinical Researches, Communications with Healthcare Professionals, Promotional Activities, Distributorship, License, Contract Manufacturing, Personal Data Protection Law and Competition Law Fields Legal Counseling and Advocacy Service in All Kinds of Commercial Transactions and in Negotiation, Review and Preparation Processes of Commercial Contracts, Suppliers, Employees, Patients and Government Establishments of Health Institutions Legal Arrangement and Preparation of the Contracts to be Realized between them and the Health Institutions, Advocacy and Consultation to Health Institutions in All Legal Processes Preparing All Contracts for Providing Medical Services, Obtaining or Transferring Hospital or Medical Center License, Managing the Process and Providing Legal Consultancy Services,
  • Consultancy Service in Arranging Employment Contracts with the Personnel of Private Healthcare Institutions, Especially Hospitals, Advocacy Service as a Labor Lawyer in the Legal Disputes of Private Healthcare Institutions, Especially Hospitals, in Legal Disputes with their Employees, Follow-up and Concluding Labor Lawsuits, Execution Proceedings
  • Problems of Family Physicians with Administration; In Disciplinary Practices; Advocacy Service in Problems and Rights Arising from Criminal Law; Consultancy and Advocacy Service regarding the Settlement of the Watchlist, the Establishment of Additional Tasks, the Cancellation of Unnecessary Administrative Actions, the Resolving of Disputes through Litigation in the Relations and Disputes with the Employees,
  • Malpractice Lawsuits Due to Tort for the Physician’s Liability for Compensation; In Malpractice Lawsuits Due to Non-Contract; Liability Cases for Damages According to the Contract of Attorney; Since the Medical Practices Aiming to Create an Artifact in the Human Body of the Doctor are Legally Qualified as a “Contract of Works”, Due to the Contract of Work, Law of Obligations No. 6098 M.470 Vd. In cases to be opened according to its articles; In Compensation Lawsuits to be Filed Regarding Work Without Power of Attorney, Case The Doctor Performs Medical Intervention Without His Patient’s Permission and Approval; Compensation Lawsuits to be Filed Due to Service Failure of Private or Public Hospitals; Providing Legal Counseling for Parties to a Possible Medical Malpractice, such as Doctors, Patients, Hospitals, Insurance Companies; Management, Follow-up and Concluding of the Process with the Relevant Insurance Company for the Compensation of Physicians or Health Personnel to Cover the Compensation Due to Medical Practice Error and their Legal Responsibilities from Compulsory Occupational Insurance; Advocacy and Consultancy Service as a Health and Malpractice Lawyer for the Execution and Conclusion of Criminal and Compensation Lawsuits,
  • Preparation of Pharmaceutical Distribution (Distributorship) Agreements, Preparation of Hazardous Waste-Packaging Recycling Agreements, Preparation of Confidentiality Agreements, Clinical Research Agreements, Medical Device Agreements, IT Agreements, Preparation and Negotiation of License Transfer Agreements within the scope of Private Hospitals Regulation, as well as with the Social Security Institution Actively Consulting and Advocacy Service in Consultancy and Litigation Processes Regarding Disputes, Preparation of Distributorship Agreements Regarding Health Products, Preparation of contracts related to the regulation of production, distribution and research on medical devices, pharmaceutical raw materials and medical supplies, Health Institution Suppliers, Patients, Employees and the State Preparation and Arrangement of Contracts between Institutions and Institutions in Compliance with the Law,
  • Providing Services and Information for the Protection of Personal Data, such as Structuring the Personal Information of Patients in accordance with the Personal Data Legislation within the scope of the Law on the Protection of Personal Data of Hospitals and Physicians, Making the Policies Regarding the Personal Information Collected Compliant with the Legislation, Ensuring their Integration with the Data Controllers Registry Information System, Attorney’s Fee Regarding Cancellation, Objection and Litigation Process Against Penalties and Administrative Sanctions to be Imposed by KVKK Due to Violations within the Scope of the Law on the Protection of Personal Data, Making a Complaint in Case of Unlawful Collection of the Patient’s Personal Data or Transfer of the Personal Data Collected in accordance with the Law to Other Places without the Patient’s Permission, and Advocacy Service for Litigation
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