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CRIMINAL RESPONSIBILITY OF DENTISTS IN TURKEY
Istanbul Civilization University Head Of Medical Law Research Unit, press release;
– The physician’s responsibility for medical errors is mostly tax liability. In criminal law, there may be two types of responsibility as to the spiritual element of the crime, in other words, the aspect of imperfection: caste and tax liability.
– In practice, what we face more is taxis. However, after problems such as a wage dispute with the patient, there is a caste responsibility in cases such as the dentist removing the prostheses in the patient’s mouth.
– In the medical errors of the doctor, it is not his caste, but his taxonomy. In other words, if the physician has violated the obligation of care arising from being a physician and thus caused a result, even if he does not want to, there is a tax. Taxis can be caused by carelessness, imprudence, disobedience to rules, or inexperience.
– As a result of the Turkey dentist and doctor installment action, the patient may die or face a number of negative consequences. In the case of death of the patient, there is murder by taxi. In this case, the doctor is punished as someone who unintentionally hit someone in a car accident and caused their death, or caused the death of a friend by pressing the wrong button while working in a factory. I want to say here that there is no separate legal regulation from the point of view of Physicians. Anyone who causes someone else’s death by violating the obligation of care is subject to the same provision, and this provision is 85 of the Turkish Criminal Code. its substance is its provision. Accordingly,”a person who causes the death of a person by taxi is punished with a prison sentence of two to six years”.
– Thus, if there is no special case in the case of taxidermy killing, the doctor is usually assigned a minimum sentence, that is, 2 years, and most likely, the judge reduces the sentence by 1/6 (TCK 62/1), using his discretion. As a natural result of this, the possibility of postponing the sentence arises. It is also possible that a prison sentence could be translated into a judicial fine.
– If pain occurs in the patient’s body as a result of the doctor’s installment action, and his health or ability to perceive deteriorates, the crime of injury with installment is committed. In this case, the penalty to be given to the doctor is imprisonment from three months to one year or a judicial fine (TCK 89). But the action of the physician, the victim, for example; if it has caused a constant weakening of the function of one of its senses or organs, a broken bone in its body, constant difficulty in speech, a constant scar on its face, a condition that endangers its life, the birth of a pregnant woman’s child prematurely, the penalty is a prison sentence of 4.5 months to 1.5 years (TCK 89/2). Also, the practice of injuring the doctor with a taxi, for example, the patient; if it has caused a disease or vegetative life that has no ability to heal, loss of function of one of its senses or organs, loss of ability to speak or have children, constant change of face, fall of a pregnant woman’s child, the penalty is a prison sentence of 6 months to 2 years (TC 89/3). As can be seen, if the consequences caused by the doctor’s action on the patient become severe, the doctor will also be held responsible for these severe consequences and his punishment will be increased. Let me immediately point out that no matter how severe the result is in the event of injury by taxi, there is the possibility of converting it to a fine if the minimum sentence is imposed.
– If a criminal case is filed against the dentist due to a medical error, the doctor must send the file to an expert. This is the Supreme Court of Health according to our expert law. However, the Supreme Court often does not consider the decisions of the Supreme Health Council to be sufficient and asks for an opinion from the Forensic Medical Institution.
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COURT DECISIONS:
– “With a dental drawing scheme organized by an orthodontist physician close to the victim and his father, E. A dentist serving in a state hospital applied to the defendant, which is tooth number 4, 1. after they asked for the molar to be removed, the defendant’s act of pulling the tooth of kanin, which is tooth number 3, without showing the care shown by his profession… constitutes the crime of wounding with a taxi…
– In the history of the crime, the accused, who served as a dental doctor in the dental Polyclinic of the Niğde State Hospital, applied to him to have his teeth removed, the victim SB., born in 1991as clearly emphasized in the report of the High Council of Health in the action that occurs in the form of pulling out solid teeth IV-V in the right upper jaw instead of caries teeth IV-V in the left upper jaw that should be pulled, after receiving the expert physician and expert report in terms of the defect rate of the accused, it is against the law to establish a sentence for the crime of discrediting the task instead of establishing a sentence according to the result, given that the crime of injuring the patient by not showing the necessary attention and care caused him to be injured to the extent that he will see the body eza or violate his health.
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