Exemption of the responsibility of the medical doctor for medical practice: Assistant medical doctor example

Abstract

Objective: In this study, the legal responsibility of the physician was evaluated within the framework of Turkish Law on the basis of the sample of the limits of the liability caused by the medical practice errors performed by the assistant physicians who received specialist training in medicine or dentistry.

Materials and methods: Within the scope of “the circular of B.10.0.SHG.0.18.00.00-252.99 dated 28/09/2012, the General Directorate of Health Services of the Ministry of Health of the Republic of Turkey”, the acts performed by the resident physician and the structure of the responsibility arising due to these are interpreted and evaluated together with the provisions of Turkish Law legislation and administrative procedures. In this context, the responsibility of the teaching assistant, chief assistant and specialist physician who supervised the assistant physician was evaluated.

Results: There is no direct regulation on the responsibility of the physician in the Turkish legal system. The treatment contract, which is a mixed atypical contract, is applied directly or comparatively with the provisions of various legislation, especially the Turkish Code of Obligations. As an exception to the responsibility of the physician, the relationship of responsibility established with the circular, between the assistant physician and the supervising physician in terms of private law may be based on the provisions of Articles 66 and 507 of the Turkish Code of Obligations. Turkish Criminal Law regulates the limits of responsibility in the context of the principle of the personality of crime and punishment.

Conclusion: From a criminal point of view, due to the principle of the personality of crime and sentence, the assistant physician is directly responsible, while the supervising physician is responsible for the offense of abuse of office due to a breach of the obligation of supervision and care. From a legal point of view, it is possible to talk about the responsibility of the supervising physician in accordance with the provisions of the obligation of care that the man employee and the attorney should show to the third party. It is possible that the supervising physician can be relieved of the responsibility by proving that the obligation of care and supervision has been fulfilled in recourse lawsuits or compensation lawsuits filed due to medical malpractice.

Cite this article as: Kılıç EM. Exemption of the responsibility of the medical doctor for medical practice: Assistant medical doctor example. FNG & Demiroğlu Bilim Tıp Dergisi 2019;5(4):179-183.

The author declared no conflicts of interest with respect to the authorship and/or publication of this article.

The author received no financial support for the research and/or authorship of this article.