145 Union of Turkish Bar Associations Review 2022 Hacı KARA tests, and analyzes, the medical interventions that are planned to be applied, and other available treatment methods. At this point, it is up to the physician about the medical intervention, the type, form, and scope of the intervention, whether it will give a definite result, and to give information about possible complications to the patient. According to the 26th article of the Turkish Medical Association Code of Professional Ethics, titled Informed Consent, the physician includes the patient’s health status and the diagnosis, the type of treatment method proposed, the chance of success and duration, the risks of the treatment method for the patient’s health, the use of the drugs given, and possible side effects, illuminates the effects of the disease, the possible treatment options, and the risks of the disease if the patient does not accept the recommended treatment. The clarification 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 persons to be informed other than the patient. All health-related interventions can be made with the free and informed consent of the person. Consent is void if it has been obtained through coercion, threat, incomplete disclosure, or deception. The obligation to inform rests with the physician. This physician is the physician who administers the treatment. The fact that the obligation belongs to the physician also imposes the burden of proof on the physician. In its decision numbered Y 13. HD, 16.1.2014 T., 2013/17487 E., and 2014/794 K., the Plaintiff stated that on 14.07.2009: the defendant was admitted to the hospital in an unconscious state as a result of falling, he was discharged after being operated on twice after intensive care, after platinum implantation. However, when his pain increased, he applied to another hospital and U.U. he claimed that all the platinum that was attached to the Faculty of Medicine was dismantled, and demanded a decision for pecuniary and non-pecuniary damages due to the defendant’s fault. The defendant requested the rejection of the lawsuit, arguing that all kinds of medical procedures and interventions were carried out in the treatment and surgery of the plaintiff and that there was no fault. The court dismissed the case and the judgment was appealed by the plaintiff.
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