Medical Law

Medical law is an interdisciplinary branch of law established by the rules, regulations and precedents, also in close relationship with the law of obligations, tort law, criminal law and administrative law. In the meantime it is a field of law that focuses on relations arising from medical interventions and surgeries between the doctors, clinics, hospitals and patients. Medical law focuses on relations arising from medical operation and surgery, including malpractice allegations and sue against wrongdoers for medical malpractice.

Although there are basically three sources in Turkish legislation for medical law: Law of Obligations, Law on the Execution of Medical and Medical Arts and the Regulation on Medical Deontology; medical law disputes in today are mostly resolved through case law regarding precedents and tort law. The precedents are required to be expertise to apply precisely for each medical case.

Medical law is an area of ​​concern to clinics, physicians, doctors and other health professionals, patients and hospitals. Patients' rights and physician / hospital / healthcare workers' rights might be in conflict, and the disputes of the parties are essentially on the axis of this conflict. Personal injuries are also included in the medical law for certain cases.

Even though the legal and criminal liabilities of physicians and other health workers are determined in accordance with the above laws and case-law, the regulations regards to the Forensic Science, Insurance Law provisions and Medical Ethics are also included in the main field of examination and expertise of Medical Law. National Forensic Institute as court appointed official legal expert, placed in Istanbul, is the main institution for submitting the legal and medical opinions to the court for the final decision.

In practice, the most common issues are the disagreements between the physician (doctor) and the patient (victim), including malpractice allegations called medical malpractice. Medical malpractice cases might be derived from aesthetic operations such as liposuction, tipplasty, rhinoplasty (nose surgery) or / and simple operations such as hair transplantation and / or hard operations such as heart surgery and brain surgery operations. The determination of the legal liability and the amount of compensation will be determined by the whole process of judgement, also it requires that the judges, attorneys, lawyers and experts facing the dispute be well-trained and experienced in the field of medical law.

In ISTLEGAL law office, we provide legal services as follows:

• Advocacy service and legal advice to a physician, doctor, surgeon, clinic, hospital or health center whom claimed for medical malpractice as being an Legal Attorneys at Medical Law,
• Advocacy services and legal advice to patients and their relatives who claim to be victims of medical malpractice (suffered from medical malpractice) and people are subjected to operation and surgeon failures,
• Litigation services regarding the medical devices in the context of product liability, certification processes & regulations, 
• Comprehensive legal consultation and services to the institutions, hospitals, including the areas of health law, insurance law, commercial law, labor law and contracts law for each clients unique legal problems,
• Dispute resolution in medical law for corporate and litigation areas including the breach of contract, personal injury and damages.

Finally, it should be noted that the medical law course is not among the undergraduate courses in law school and medical school in Turkey. This field, whose general terms are based on the tort law and obligation law and whose provisions are determined in accordance with the case-law, is a branch of law that requires absolute experience and well-trained for the lawyer in the medical practice. In Turkey and for Turkish legal system, Attorney at Medical Law is strongly recommended for the medical problems sue and legal disputes on health and medical issues.

We focus on medical law including medical devices and product liability, malpractice cases, claims for personal injury, damage and health problems compensation sue to clinics, doctors, manufacturers, suppliers, hospitals and insurance companies.