HUK472

School of Law \ Law

3

4

Elective

Turkish

-

Bachelor of Law

In the course, the basic concepts, institutions and development of health law are discussed and the right to health, which is a constitutional norm in Turkish law, and the Turkish public health service organization are examined. The responsibility arising from medical malpractice and the sanctions attached to it are examined.

Hasan Tahsin Keçeligil, Sağlık Hukukunun Temel Esasları, Yetkin Yayınevi, 2024. Polat Tunçer, Sağlık HukukuTemel Bilgiler, E. 8, Adalet Yayınevi, 2024. Özge Yücel, Gürkan Sert, Sağlık ve Tıp Hukukunda Sorumluluk ve İnsan Hakları, E. 3, Seçkin Yayıncılık, 2023. Şamil Tambay, Sağlık Özel Hukuku, Yetkin Yayınevi, 2021. Kemale Leyla Aslan Bingöl, Sağlık Hukuku Ders Notları, Aristo Yayınevi, E. 3, 2021.

The aim of the health law course is to enable students to learn the principles of the right to health, which is a fundamental human right and frequently violated. Students are expected to learn how the right to health is regulated in Turkish law, the basic concepts of medical criminal law, the organization of health services in Turkey and the legal responsibility of physicians. In addition, it is aimed to provide information about medical expertise and forensic medicine and bio-medical ethics.

1. Recognize the debates on the concept of health and master the historical development, institutions and sources of health law.
2. Has the knowledge that the right to health is a constitutional human right. Has the goal of minimizing human rights violations in the field of health and raising awareness in this field.
3. Has a command of how the right to health is regulated in Turkish law. Has knowledge about the reflections of violations of the right to health in criminal law.
4. Distinguishes the differences between the organization of public health care in Turkey and the legislation applied to health services in the private sector.
5. Has the knowledge that the state and the doctor are responsible for malpractice.
6. Has knowledge about medical expertise, forensic medicine and bio-medical ethics.
7. Has the ability to work individually and as a team member in the face of problems related to health law with the application studies carried out within the scope of the course.

Week 1: Definition of the concept of health, basic concepts, institutions and development of health law.
Week 2: “Right to health” as a human right, its place among other rights and the foundations of the right to health in international law.
Week 3: Human rights problems arising in the context of health services, the approach of the ECtHR and the Constitutional Court.
Week 4: The right to health as a constitutional norm in Turkey.
Week 5: Basic concepts of medical criminal law, crimes committed by health professionals and violence in health.
Week 6: The organization of public health services in Turkey, the way health services are provided in historical development.
Week 7: State responsibility due to medical malpractice.
Week 8: The nature of the legal relationship between physicians working in the private sector and the patient and the legal responsibility of the physician.
Week 9: Compulsory professional liability insurance of physicians.
Week 10: Medical expertise and forensic medicine.
Week 11: Bio-medical ethics and law.
Week 12: Case (application) study.

• Midterm % 40
• Final % 60