142 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions does not show due diligence, is 394/1 of the BK. In accordance with the provision of the article (TBK article 510/1), the power of attorney must be deemed not to have been duly performed. The doctor should not be held responsible if the result has not changed even though the requirements and rules of medicine are followed. Another important regulation is the European Convention on Biomedicine.65 In the first article of this contract titled “Purpose; The parties to this convention are “obligated to protect the dignity and identity of all human beings and to ensure that the integrity and other rights and freedoms of everyone are respected, without discrimination, in the practice of biology and medicine.” In Article 4 of the Convention, under the title of “Compliance with Professional Rules”; “Any intervention in the health field, including research, must be done in accordance with relevant professional obligations and standards.” In accordance with Article 90 of our Constitution, the contract has become a part of our domestic law. On the other hand, the subject of “Consent” is regulated in Article 5 of the Biomedicine Convention, and “Any intervention in the field of health can be made after the person concerned gives his/her free and informed consent to the intervention. This person should be informed beforehand about the purpose and nature of the intervention, its consequences, and dangers.” Appropriate information will be given about the subject. The person concerned will always be able to freely withdraw his consent. The scope of consent has been determined and regulations have been introduced in parallel with the established practices of our Department. It is not enough to just consent to the surgery. In addition, complications must be explained. However, this consent has also been clarified as it was just emphasized above. As a matter of fact, a regulation has been made in article 26 of the Physician Ethics Regulation; and possible side effects, the consequences of the disease if the patient does not accept the recommended treatment, possible treatment options, and risks. The lighting to be made should be in accordance with the cultural, social, and mental state of the patient. Information should be given in a way that can be understood by the patient. The patient determines the 65 “Convention on the Protection of Human Rights and Human Dignity with respect to the Application of Biology and Medicine” was approved by Law 03.12.2003 D. and 5013 N., and entered into force after being published in the OG: D. 09.12.2003 and N. 25311.
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