Evaluation of Disasters from the Perspective of Health Law
Chapter from the book: Sümer, E. H. & Nur, N. (eds.) 2026. Environmental Health in Disasters: A Conceptual Framework, Health Services Management, and Multidisciplinary Approaches.

Ergün Sümer
Tokat Gaziosmanpaşa University

Synopsis

Disasters are defined as extraordinary events that significantly affect the social and economic conditions of societies and place intense pressure on health systems. In disasters such as earthquakes, floods, epidemics, and mass casualty events, the rapid, effective, and planned provision of health services is of paramount importance to society and citizens. From this perspective, the[1] provision and continuation of health services is considered not only a medical matter but also a public service involving legal obligations. In this context, disaster health law is an important area of ​​law that examines the legal regulations concerning the planning, organization, and implementation of health services under disaster conditions.

This study examines the fundamental and legal concepts of disaster health law, the legal aspects of disaster management, and how health services should be planned in disaster situations. The study first addresses the concepts of disaster and disaster management, and then evaluates the legal basis of disaster health law within the framework of constitutional provisions, laws, and international legal regulations and conventions. In this regard, the importance of regulations such as the Constitution of the Republic of Turkey, the Law on the Disaster and Emergency Management Presidency, the Disaster Law, the Basic Law on Health Services, and the Public Health Law in terms of disaster health services is highlighted.

Furthermore, the study legally evaluates the medical triage system applied in disaster situations, the principle of informed consent, and the emergency intervention exception. The administrative liability for negligence and strict liability in disaster health services, as well as the liability of the administration and private hospitals for material and moral damages, are assessed within the framework of the decisions of the Supreme Court and the Council of State. Additionally, the legal nature of hospital disaster plans and the legal, criminal, and administrative responsibilities of healthcare professionals are also addressed within the scope of the study. In conclusion, disaster health law provides an important normative framework that ensures the effective delivery of health services in disaster situations. Strengthening healthcare infrastructure, effectively implementing disaster plans, and training healthcare professionals in disaster management are crucial for creating a disaster-resilient healthcare system.

How to cite this book

Sümer, E. (2026). Evaluation of Disasters from the Perspective of Health Law. In: Sümer, E. H. & Nur, N. (eds.), Environmental Health in Disasters: A Conceptual Framework, Health Services Management, and Multidisciplinary Approaches. Özgür Publications. DOI: https://doi.org/10.58830/ozgur.pub1352.c5369

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Published

June 29, 2026

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