The Physician’s Obligations Arising from the Contract in TRNC Law
Chapter from the book: Ercan, T. (ed.) 2023. Hukuk Alanında Güncel Meseleler.

Fatma Alaslan
Yakın Doğu University

Synopsis

The contract established between the physician and the patient is called the medical contract. However, there is no regulation in the Contracts Act regarding the definition of contract. This contract, which has its own unique structure, is applied to the extent appropriate, the provisions of the power of attorney agreement in the Contracts Act. This contract established between the physician and the patient or the patient's legal representative is a voluntary contract. The patient or the patient's legal representative has the right to freely choose the physician to whom he will go for diagnosis or treatment, while the self-employed physician has the right to accept or reject the patient to whom he will diagnose or treat. Therefore, in order for the medical contract to be established, the physician and the patient or the patient's legal representatives must agree on this issue. Otherwise, there will be no question of overlapping declarations of will. The contract of medicine is one of the contracts with its own unique structure. This contract, which is established based on trust between the physician and the patient, gives some rights to the patient and the physician and at the same time imposes some obligations on each other. If these obligations are not complied with, it is inevitable that legal or criminal responsibilities will come to the fore.

How to cite this book

Alaslan, F. (2023). The Physician’s Obligations Arising from the Contract in TRNC Law. In: Ercan, T. (ed.), Hukuk Alanında Güncel Meseleler. Özgür Publications. DOI: https://doi.org/10.58830/ozgur.pub78.c127

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Published

March 24, 2023

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