The Situation of Doctors Facing Legal Threat: Medical Malpractice

What is Medical Malpractice?

Before I begin, let me provide a definition of medical malpractice. The term "medical malpractice" is used to describe situations where a healthcare professional fails to act in accordance with medical standards, demonstrates negligence, or provides medical treatment or care in a faulty manner. Medical malpractice can encompass various circumstances such as medical errors, misdiagnosis, treatment mistakes, surgical errors, medication errors, and more. Such errors can result in harm to patients and have serious consequences. Medical malpractice cases can lead to legal repercussions or compensation claims, involving the accountability and liability of the physician.

The Medical Malpractice Association

In recent times, the challenging conditions faced by doctors and other healthcare professionals have received unprecedented attention in the media. While these problems were not new, they have now become impossible to conceal, leading the media to closely monitor and report on these issues. As an expert in healthcare law and through our long-standing collaboration with the Medical Malpractice Association, specializing in health law and specifically in medical malpractice, our aim has been to educate doctors on their rights and responsibilities, prevent them from feeling helpless in legal situations, and transform the law into a shield that protects them rather than a threat. In addition to the preventive activities we have undertaken for healthcare professionals, we have provided medico-legal support to doctors facing or considering legal actions. Our goal has been to demonstrate to them that they are not alone in their struggles.

Why the Medical Malpractice Association?

Violence towards doctors and healthcare workers, inhumane working conditions, psychological harassment (mobbing), and similar issues are just a few examples of the problems faced in today's healthcare sector, particularly in the field of medicine. Furthermore, as doctors specialize in specific areas, the working conditions have become even more challenging, further increasing feelings of despair among physicians.

The Doctor's Position in Society and Medical Malpractice

The underlying cause of the alarming situation mentioned above lies in the changes occurring in the doctor's position within society. Since the 19th century, as a result of the recognition and protection of fundamental rights and freedoms at national and international levels, the preservation of an individual's life and their physical and mental well-being has emerged as a right that can be asserted. Over time, the preservation of health has gained recognition as an independent right.

The Doctor-Patient Trust Relationship

As a consequence, the trust relationship between doctors and patients has become subject to questioning, with patients continuously scrutinizing the actions of doctors and shifting the dynamics from a paternalistic relationship where doctors hold a superior position to a relationship where patients constantly question the physician's activities. Additionally, as healthcare services have undergone a significant shift towards privatization since the 1980s, the role of doctors has transformed into that of service providers. Moreover, with the advancements in media and the internet, the activities of doctors have faced increased scrutiny. Mistakes and shortcomings of doctors have been highlighted more prominently compared to other professional groups, subjecting doctors to social pressures and imposing an expectation of near perfection.

Health Law / Medical Law

The changes in the doctor's position within society have primarily been driven by the utilization of law as a tool. Considering the developments in health law, particularly in the field of medical law, it becomes evident that legal rules and litigation have been instrumentalized against physicians, leading to the exploitation of law in this context. While health law should aim to provide solutions to the issues faced by healthcare professionals and protect individuals providing healthcare services, it has unfortunately been used as a threat rather than a safeguard.

Dr. Bozkurt Oğuz SINAR

Honorary President

Medical Malpractice Association