Informed Consent for Medical Interventions Under Turkish Law
Medicine and Law: World Association for Medical Law 1998; 17(3): 429-435
Free and informed consent of the patient is the prerequisite of any medical intervention under Turkish law. "Information" comprises the purpose, nature, consequences and risks of intervention. "Intervention" is understood in its widest sense. The patient has the right to withdraw his consent freely at any time. For the patients under age (18 years) or incapacitated persons, informed consent is given by the legal representative (parents or guardian). In emergency situations, including abortion and sterilization, the practitioner may intervene for the benefit of the patient without consent. Furthermore, for purposes of treatment of addicts, and in cases of epidemic diseases medical intervention may be carried out without consent for health reasons and public safety. The right to be informed or not about health and intervention is a patient's personal right. These rights are bound strictly to the personal right of the patient. Disregarding these rights can cause legal liability of the physician. The previous wishes of the patient and the right to refuse treatment of the patient must be respected. Legal representatives of minors or incapacitated patients may not refuse treatment on their behalf. Treatment without consent or without informed consent is a "medical malpractice."
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