Reading time is 3 mins
.
.
LEGAL ROADMAP FOR VICTIMS OF AESTHETICS: WHAT CASES CAN YOU FILE?
Aesthetic surgery, as well as all over the world, has made great progress in Turkey in recent years. Turkey Medicals underlined that aesthetic interventions are a medical intervention and gave information about the legal rights of people in this regard.
.
THERE IS A CONFUSION OF CONCEPTS IN THE FIELD OF HEALTH LAW
Turkish aesthetic surgery in our country has progressed rapidly in parallel with its development in the world and has taken its place among the countries that are considered very successful in this regard today. However, while these developments have been taking place, there has not been much focus on resolving the legal disputes that will arise. Since the responsibility of plastic surgeons, like the responsibility of other physicians, is not regulated by our laws, the gap in this regard has been tried to be filled with the provisions of the Code of Obligations of a general nature. For this reason, as of the point reached today, there is a complete confusion of concepts in health law. It is clear that there is a need for a specific, up-to-date and special law specific to this area. The introduction of a special law containing regulations on the responsibility of the physician due to malpractice; it will be extremely useful in terms of creating a standard in this field.
.
THE DISTINCTION BETWEEN MALPRACTICE AND COMPLICATIONS IS IMPORTANT FOR THE PHYSICIAN’S RESPONSIBILITY
I.e., malpractice, medical malpractice, medical personnel intent, fault of negligence or lack of a standard for application, wrong or incomplete with a lack of knowledge or skill to make a diagnosis, treatment or the wrong treatment to the patient and damage to the constituent and the verb condition. A complication is damage that inevitably occurs, despite the fact that an appropriate intervention is performed according to medical standards, it is accepted by medical circles that it may occur, and despite taking all kinds of measures. In order for a liability to arise against the surgeon from the relationship between the plastic surgeon and the patient, the surgeon must have a decently defective behavior that is contrary to the contract, as a result of which the patient suffers a loss, and the conditions for the causality link between behavior and damage must be met. The doctor’s work, no matter what method he uses, should turn out to be shameless, flawless. After a verb that can be defined by the name of medical malpractice, there may be different undesirable consequences such as disability, loss of an organ or limb, or even death in the patient after a verb that can be defined by the name of medical malpractice. In plastic surgeries, if there is a situation that results in a possible failure and an undesirable situation has occurred, the person who has been harmed may ask for financial and moral compensation by claiming that their psychology has been impaired.
.
LAWSUITS THAT CAN BE FILED BY VICTIMS AS A RESULT OF AESTHETICS
1.- Material and moral compensation for death or temporary or permanent bodily harm,
2- Compensation for damages suffered due to incorrect diagnosis and treatment, excessive and unnecessary extension of treatment, and unnecessary surgery and treatment,
3- Compensation for non-fulfillment of the obligation to inform and inform the patient, initiation of treatment and surgery without obtaining the consent of the patient and his relatives,
4- Compensation for violation of the obligation to keep secrets,
5- Material and moral compensation for failure to perform the duties of a physician in cases requiring emergency assistance, resulting in the death or disability of a patient,
6- Material and moral compensation against the hospital administration that returns a seriously injured person or patient from the door by not performing important and first aid services,
7- Compensation for unnecessary treatment costs and excessive fees.
.
HOW LONG IS THE TIMEOUT PERIOD?
Since the provisions of the work agreement will be applied in aesthetic surgeries for the purpose of beautification, the receivables arising from this agreement are subject to Article 147/6 of the Turkish Code of Obligations. By its article, it is subject to a statute of limitations of five years. Compensation lawsuits to be filed against the administration must be filed in accordance with Article 13/1 of the Code of Administrative Procedure. However, an application must be submitted to the administration before filing a lawsuit. If the request is not answered within 60 days or a negative answer is given, it must be opened within 60 days from this date. The lawsuit must be filed within one year from the date of learning the damaging act and, probably, within five years from the date of the act’s processing.
.
.
.
.
Turkey's world-renowned organ transplant specialist. Dr. Demirbaş has 104 international publications and 102 national publications.
Physician's Resume:
Born on August 7, 1963 in Çorum, Prof. Dr. Alper Demirbaş has been continuing his work as the President of MedicalPark Antalya Hospital Organ Transplantation Center since 2008.
Prof. who performed the first tissue incompatible kidney transplant in Turkey, the first blood type incompatible kidney transplant, the first kidney-pancreas transplant program and the first cadaveric donor and live donor liver transplant in Antalya. Dr. As of August 2016, Alper Demirbaş has performed 4900 kidney transplants, 500 liver transplants and 95 pancreas transplants.
In addition to being the chairman of 6 national congresses, he has also been an invited speaker at 12 international and 65 national scientific congresses. Dr. Alper Demirbaş was married and the father of 1 girl and 1 boy.
Awards:
Eczacibasi Medical Award of 2002, Akdeniz University Service Award of 2005, Izder Medical Man of the Year Award of 2006, BÖHAK Medical Man of the Year Award of 2007, Sabah Mediterranean Newspaper Scientist of the Year Award of 2007, ANTIKAD Scientist of the Year Award of 2009, Social Ethics Association Award of 2010, Işık University Medical Man of the Year Award of 2015, VTV Antalya's Brand Value Award of 2015.
Certificates:
Doctor of Medicine Degree Hacettepe University Faculty of Medicine Ankara, General Surgeon Ministry of Health Turkey EKFMG (0-477-343-8), University of Miami School of Medicine Member of Multiple Organ Transplant, ASTS Multiorgan Transplant Scholarship. Lecturer at Kyoto University. Lecturer at University of Essen, Research assistant at the University of Cambridge .
Professional Members:
American Society of Transplant Surgeons, American Transplantation Society Nominated, Middle East and Southern Africa Council Transplantation Society 2007, International Liver Transplantation Association, Turkish Transplantation Association, Turkish Society of Surgery, Turkish Hepatobiliary Surgery Association.
Disclaimer:
Our website contents consist of articles approved by our Web and Medical Editorial Board with the contributions of our physicians. Our contents are prepared only for informational purposes for public benefit. Be sure to consult your doctor for diagnosis and treatment.