Yüksek Lisans Tezleri

Permanent URI for this collectionhttps://hdl.handle.net/20.500.11779/1785

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  • Master Thesis
    Legal Liability of the Physician in the Context of Plastic Surgery in the Light of Supreme Court Decisions
    (MEF Üniversitesi, 2024) Uzunoğulları, Alin Doğa; Kapancı, Kadir Berk
    The topic of this thesis called ' Legal Liability Of The Physician In The Context Of Plastic Surgery Under Turkish Law ' basically aims to characterize the qualification of the plastic surgery under Turkish law and the legal responsibilities of the physician (plastic surgeon) that may arise in this context. First of all, the concepts related to plastic surgery will be explained by giving definitions of physician and patient. Afterwards, it will be explained in which cases the plastic surgery is considered legal in the doctrine. After the discussion of the legality of plastic surgery; the legal nature of the contract established between the physician and the patient for the purpose of plastic surgery, which has been the subject of different opinions in the doctrine, will tried to be revealed. After focusing on the discussions in the context of the contract of mandate, service contract, sui generis contract and contract of work in the doctrine, the evaluation of the legal relationship between the physician working in the private hospital and the patient will be made. In addition, the contractual responsibility of the physician in the context of plastic surgery will be examined. Under the topic of 'contractual responsibility of the physician', the obligation of examining the patient and asking questions about the diagnosis of the disease (anamnesis-medical history talking), the obligation of diagnosing the disease and choosing the most appropriate treatment, the obligation to start and execute the work on time, the obligation to inform, the duty of care, the obligation of loyalty and confidentiality, the obligation of personal performance will be discussed along with the obligation to provide tools, equipment and materials, obligation arising from defeat and the debt of recording the document. After explaining the contractual responsibility of the physician, the situations that occur in case of violation of the contractual responsibility will be revealed. Afterwards, the cases where the contract is terminated and the cases where the responsibility of the physician is limited in the contracts dealing with the plastic surgeries will be examined. After these explanations, the concepts of acting without authority and tort, which are the non-contractual liability cases of the physician, will be evaluated. Finally, explanations regarding non-pecuniary damages will be examined in our study.