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Malpractice Lawsuits- Physician Error Compensation Case

Sometimes people can suffer some damage as a result of the wrong practices of the doctors they go to for treatment. For example, the wrong medicine may be given to the patient, or a treatment method other than the one that should be applied to the patient may be applied. During the operation, a metal part can be forgotten in the patient's body. In such cases, the body integrity of people is damaged.


Persons whose bodily integrity is damaged have the right to file a claim for compensation. However, an important distinction should be noted here. In some interventions, every operation carries risk. Even with all due care, undesirable consequences can occur. The medical term for the occurrence of an undesirable result despite all the necessary care is complication. In case of complications, the physician is not responsible. In such a situation, the doctor has already fulfilled his responsibilities. However, despite this care, the undesirable result still occurred.


What is the name of the doctor error compensation case in the medical literature?

The name of the doctor error compensation case in the medical literature is the MALPRAKTİS case. The meaning of the word is the physician's wrong and bad practice of medicine.

Undesirable consequences can occur as a result of a lack of skills, experience and knowledge. However, the undesirable result is not always due to a lack of skill, experience or knowledge. Undesirable results may also occur if the physician is indifferent or careless.


What are the conditions for compensation due to doctor's error?

It is not always possible to go to the responsibility of the physician. In order for the physician's liability to arise, the physician's fault must be found. The patient must have suffered damage because of this defect. There must be an appropriate causal link between the damage and the fault.

The fault may be due to intent or negligence. In practice, we see that it is usually caused by negligence.

Because the profession of doctor is a profession that involves some risks by its nature. Sometimes the risk can be revealed despite all the necessary attention and care. As we mentioned above, we call the applications with a very high risk level as complications.

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Attorney Gizem Gül Uzun, registered with the Kayseri Bar Association, graduate of Kayseri Kelim High School of Social Sciences; He is fluent in English, French and Ottoman Turkish.

 

 

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