In accordance with Article 56 of our Constitution, “Everyone has the right to live in a healthy and balanced environment.”
This issue is very important to us and is simply defined as the right to health.
“The right to health is one of the fundamental human rights.”
In fact, it is included in many international and national regulations.
The Patient Rights Regulation is one of these regulations.
The right to live in a state of complete physical, mental, and social well-being forms the foundation of the right to health.
What Are Patients’ Rights?
Patient Rights;
- Access to health care that is fair and equitable,
- Request for information,
- Choosing and changing a healthcare provider,
- A diagnosis in accordance with medical standards,
- Treatment and care,
- Medical care
also covers their rights.
Since patient rights are also fundamental human rights, I would like to share some of the legal provisions included in the regulation in this article.
Since this is a very important and complex topic, I will be addressing it over the next few weeks.
Basic Regulations Regarding Patient Rights
1)
Patient consent is required for medical procedures.
If the patient is a minor or legally incapacitated, consent must be obtained from their parent or legal guardian.
This requirement does not apply if the patient has no parent or legal guardian, or if such a person is not present, or if the patient is unable to communicate.
2)
Except as otherwise provided by law, consent is not subject to any specific form.
“Consent obtained in violation of the law or morality is void, and no intervention may be made based on such consent.”
3)
It is permissible to withhold a diagnosis in cases where there is a risk that disclosing it could have a detrimental effect on the patient’s mental state, or where the course and outcome of the illness are deemed to be grave.
4)
Patients have the right to receive a diagnosis, treatment, and care that are in accordance with the standards of modern medical knowledge and technology.
5)
Hospital staff are obligated to provide the level of medical care required by the patient’s condition.
“Even when it is not possible to save the patient’s life or preserve their health, it is imperative to strive to alleviate or relieve their suffering.”
6)
Respect for the patient’s privacy is essential.
The patient may also explicitly request that their privacy be protected.
7)
Except for the exceptions specified in the law,
“No one may be subjected to a medical procedure without their consent or in a manner inconsistent with the consent they have given.”
8)
Information obtained in the course of providing healthcare services may not be disclosed under any circumstances, except as permitted by law.
9)
Except in cases required by law, and provided that the patient assumes responsibility for any adverse consequences that may arise;
“A patient has the right to refuse treatment that is planned or currently being administered, or to request that it be discontinued.”
10)
Patients have the right to receive health care in a manner and setting that respects their personal values.
Health Law and Examples from Practice
For quite some time now, under the leadership of our firm’s founder, Bilge Aydın Temiz, we have been working on cases related to Health Law—the field in which she specializes—together with our colleagues at the office.
That is why I wanted to write specifically about this topic.
While writing this article, I did a little research to find out what’s going on in Kahramanmaraş.
While conducting this research, I came across some wonderful and important news for our city.
“A Major Breakthrough in the Treatment of a Rare Neurological Disorder”
According to the report, Dr. Mehmet Karakoç, a neurologist at HG Hospital, which provides essential healthcare services, has successfully treated a condition that had remained undiagnosed for three years and was causing the patient’s swallowing and speech difficulties.
When the relevant news story is examined from a legal perspective;İlgili haber hukuki olarak ele alındığında;
“It is fair to say that HG Hospital and Dr. Mehmet Karakoç exercised the necessary medical diligence to ensure the patient’s diagnosis was made in accordance with the requirements of modern medical knowledge and technology.”
This positive example from HG Hospital demonstrates just how critical a personalized diagnosis and treatment process is in healthcare.
However, past instances of delayed diagnosis and potential cases of negligence also present a situation that requires careful examination within the framework of medical law.
As a resident of Kahramanmaraş, I would like to thank you for your attention and care.
Our greatest hope is that there will be more examples like these.
Best regards,
Attorney İdil Zeynep Yağlıca
