Hekimlik Sözleşmesi ve Hekimin Sözleşmeden Doğan Sorumluluğu

Abstract

Medical contract is a private-law contract which is established between the self employed physician and the patient. Due to this contract, the physician undertakes to choose the best treatment according to the type of the disease among the whole medical methods for the illness of the patient in turn for a fee. Main obligations of the physician inflicting from the contract are to diagnose the illness, to treat the illness and to take care of it. The physician must fulfill these obligations which he undertakes by showing maximum care. Except these mentioned obligations, the physician has many more obligations to fulfill with care. When the physician causes a damage by acting against these obligations which are inflicting from the contract, he has been held responsible. The patient, who is the party to the madical contract has right to claim the material and moral hazard to be compensated. The patient is obligated to prove the losses he met, the infringement and the existance of the casual link. In turn for this, the prove of not having any fault has to be made by the physician. The compensation of the material and moral hazard of the patient has been paid by the insurer with the liability insurance which is obligated for the physicians.