THE DEFINITION OF LEGAL RELATIONSHIP BETWEEN THE PHYSICIAN AND HEALTH TOURIST IN CIVIL LAW COUNTRIES AND PHYSICIANS' OBLIGATION TO INFORM PATIENT IN THE FRAMEWORK OF HEALTH TOURISM LAW

ORAL MANAV T.

MEDICINE AND LAW, cilt.36, sa.3, ss.41-49, 2017 (ESCI) identifier identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 36 Sayı: 3
  • Basım Tarihi: 2017
  • Dergi Adı: MEDICINE AND LAW
  • Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), Scopus
  • Sayfa Sayıları: ss.41-49
  • Anahtar Kelimeler: Duty to Inform in the Framework of Health Tourism Law, Informed Consent, Treatment Contracts as Consumer Contracts, Health Tourism, Legal Definition of Treatment Contracts, Obligations of Physician
  • Ankara Üniversitesi Adresli: Evet

Özet

In this paper the legal relationship between the health tourist, physician (or dentist) and hospitals will first be discussed. It will be examined whether the relationship that arises can be considered as a "consumer contract" generally and also within the meaning of relevant provisions of the new Turkish Consumer Protection Code, which was renewed on 7th November 2013 and entered into force on 28th May 2014. On the basis of the conclusion reached regarding the first question, which legal system should have jurisdiction in case of a dispute will be reviewed. The third and final question posed will be if there are any specific obligations of physician and private hospitals or changes in the scope of their duties to inform and take informed consent.