Medical error (Malpractice) is the wrong health practices of hospitals, doctors, health workers. According to the World Medical Association malpractice damage cuased by not making standard practice during treatment,lack of skills or lack of treatment to the patient” is defined as.

Medical treatment errors are not only incomplete, incorrect, or incorrect procedures; Failure to do an action may also lead to a victimization. If we count some of these errors;

  • Wrong drug selection
  • Unknown history of allergy
  • Unsuitable drug dose (especially pediatric patients)
  • Wrong administration of the drug
  • Drug / drug interaction
  • Incorrect treatment time
  • Drug administration in an inappropriate range
  • Drug / nutrient interaction
  • Unreadable prescription or drug application sign[1]

If we group it in more general terms, it will be possible to talk as follows:

Basic Causes of Medical Errors:

  1. Carelessness : Doing what should not be done during a medical intervention. For example; to give carbon dioxide instead of oxygen;
  2. Imprudence: “ Stay inadequate to prevent a preventable danger, to be late, forget ”as defined.For example; to use the drug that causes the allergy to a patient known to be allergic or not to have the necessary equipment for the patient expected to have an anaphylactic reaction, even at a test dose.
  3. Inexperience and inadequacy in the profession: Not knowing the principles and optimal classical knowledge of the profession and art, lacking basic skills. For example; wrong intubation, wounding femoral vessel in hernia surgery, attempting wrong medication and so on.
  4. Lack of care: Not to apply universal medical values. For example; to keep the patient prone to bleeding, hypovolemic shock, not to follow the patient as often as necessary, and to cause diagnosis error as a result of incomplete research.
  5. Failure to comply with orders and regulations: Failure to comply with the laws, regulations, regulations and orders issued by the competent local authority. For example; not to look after an emergency patient, to apply a treatment other than scientific treatment, to condone or help torture [2]

As can be seen, practitioners of the medical field, like other citizens, are bound by the rules of law and are obliged to take necessary and sufficient care during the treatment practices. Both physicians and other medical practitioners, health workers, should apply the treatment by taking into account the characteristics of the patient and without giving unnecessary risk and providing sufficient information.In case of hesitation, he has to do the necessary care and make researches that will eliminate hesitation.

The physician should provide sufficient information to the patient about the treatment to be applied, enlighten the patient about the treatment methods to be applied and obtain his consent.

With the Compulsory Financial Liability Insurance for Medical Malpractice which was published in the Official in the newspaper on 21.07.2010 and entered into force on 30.07.2010, the victims of the wrong treatment may open a case for pecuniary and non-pecuniary damages due to the emergence of the responsibility of the physician and the hospital.

WHAT CAN THE PATIENT AND THEIR NEARS REQUEST IN CLAIMS?

Financial compensation

The patient has the right to claim all financial damages arising from the damage suffered by the doctor.

Spiritual compensation


In the case of the death of the patient and the patient is requested by the relatives to eliminate the pain and pain caused by the doctor’s error. The new Code of Obligations“severe bodily harm” It was also possible for the relatives of the patient to claim non-pecuniary damages.

Lack of Support Compensation

In the case that the patient dies due to a doctor’s error, it may be requested by the recipients of the financial support of the patient because of the lack of such support.

WHAT ARE THE REASONS OF INCREASE IN MEDICAL ERRORS (MALPRACTICS) CASES?

  • Deficiencies in Medical Education
  • Rapid Developments in Medicine and Technology
  • Health System Problems
  • Media
  • Growth and Impact of Civil Society Organizations
  • Increased Patient Expectations[3]

During treatment, there is some kind of debt relationship between physician and patient. In other words, a contract is made when the patient sees a doctor for treatment and begins treatment. By applying treatment to the patient; If the patient is responsible for this treatment, you must pay a fee due to this contract.

These situations have been brought to the judiciary many times by the persons and their relatives who have been harmed for the grievances caused by the wrong treatment of physicians and other health workers. In addition, there are differences in terms of animosity in the compensation cases to be filed because the physician is a physician working in the public sector and a physician performing his duties in private. If the physician performing the wrong treatment is performing his / her duty in a State Hospital, the relevant unit to be prosecuted should be the Ministry of Health and should be opened against the Administration. If the physician performs his / her special duty, the doctor is sued for hostility. The Supreme Court of Appeals made decisions in this direction

T.C.Supreme Court

  1. Law office

2015/11965 E. , 2015/13323 K.

MATERIAL AND Spiritual Indemnity Due To Doctor Error ERROR OF THE PUBLIC OFFICER DOCTOR SERVICE DEFECT LAW OF ADMINISTRATIVE PROCEDURE (2577) Article 2 LAW OF STATE OFFICERS (657) Article 13 Article 129 of the Constitution of 1982 (2709)

Case law Text

Plaintiffs H .. Ç .. and the other attorney K..G .. by the petition against the defendant M .. D .. on 23/05/2008 on the request of material and non-pecuniary damages at the end of the trial by the court; The decision of the Supreme Court of Appeals regarding the decision of 22/05/2015 on the partial acceptance of the case was requested by the defendant’s deputy within the time frame and after the decision of the appeal judge was approved, the report prepared by the investigating judge and the papers in the file were discussed. The case concerned claims for pecuniary and non-pecuniary damage due to a doctor’s error. The court decided to accept the case partially; the verdict was appealed by the defendant.The plaintiffs claimed material and non-pecuniary damages, stating that their children who were born on 12/05/2003 died due to illness on 25/05/2003 due to the negligence of the defendant physician and the hospital staff’s failure to perform the necessary emergency examination. The defendant argued that the court should be rejected, stating that the court was not on duty and that there was no fault in the case. In accordance with the report received from the Forensic Medicine Institute, the court accepted that the defendant was defective and accepted the claim partially.
Damage of public officials in exercising their powers or performing their duties constitutes a service defect of the relevant public institution. In this case, the responsible person is the public institution that the public official is working under and the case should be brought against that institution. Legal regulations in this regard include mandatory provisions. On the other hand, in terms of the basic principles of liability law, the fact that such regulation is included in the legislation is an important guarantee to cover the loss of the injured. The subject of the case; the defendant was claimed to be defective due to the failure of the plaintiffs to carry out the necessary examination. It should be decided that the case should be rejected due to hostility, considering the facts explained by the court and the legal regulation, in part, its adoption was not considered correct and therefore the decision had to be reversed.
CONCLUSION: CORRECTION OF THE APPEALED DECISION ON THE REASON OF THE ABOVE; it was decided unanimously on 19/11/2015 that there was no place for review for other appeals objections due to the reversal and that the advance fee would be returned upon request.

REFERENCES:

[1] – Medical error causes and solutions solution İnönü University Faculty of Medicine Journal-pf-234

[2] -Forensic Access-What are Medical Application Errors-Prof.Dr.Oğuz Polat

[3] -Journal of Performance and Quality in Health – January 1, 2010