LAW AT HOME SEMINAR – 5 : MEDICAL MALPRACTICE AND COMPENSATION RELATED TO COVID-19
LAW AT HOME SEMINAR – 5 : MEDICAL MALPRACTICE AND COMPENSATION RELATED TO COVID-19
Medical Malpractice and Compensation Claims related to COVID-19 Under Turkish Obligation and Tort Law
The COVID-19 pandemic is likely to result in an increase in medical malpractice claims in Turkey and in Western World . We, Turkish medical malpractice and tort law lawyers, consider what claims might arise ‘directly’ and ‘indirectly’ from the virus, and how unique issues may result in changes to the legal test on breach of duty and the assessment of causation.
Thousands of COVID-19-related illnesses and deaths arising from the virus, it is likely that the pandemic will lead to an increase in medical malpractice claims, both in the Turkish Government owned , state hospitals and private health sector. For obvious and very sad reasons, fatal claims will inevitably increase. For non-fatal claims, it is currently unclear what long-term effects viral pneumonia and/or acute respiratory distress syndrome will have on the lungs. Psychiatric injury related to COVID-19 exposure is also possible.
There could also be claims ‘indirectly’ related to COVID-19. These could include: cancer patients experiencing delays to their chemotherapy treatment resulting in death or a reduction in life expectancy, delays in routine operations (e.g. orthopaedic surgery) resulting in prolonged pain, misdiagnosis of a variety of illnesses due to an increase in telephone consultations, and an increase in dental claims as a result of the cessation of routine dental care.
Causation
In COVID-19 cases, it may be difficult to assess causation under Turkish law. To use fatal claims as an example, reported cases indicate that many deaths in Turkey will involve patients with underlying health conditions and previous health’s problems . It will therefore need to be established whether death was caused by COVID-19, the unrelated health condition, or a combination of both; and would the patient have died when they did ‘but for’ the negligent treatment?
In non-fatal claims, the scientific evidence to assess the existence of any long-term lung damage may not be available for several years. Respiratory experts may not be able to accurately assess this ‘on the balance of probabilities’ until such studies have concluded.
Any associated psychiatric injury may be multifactorial in cause; a future claimant may have lost their job or even family members as a result of the virus, which may have caused or contributed to the injury; it is suggested that the circumstances of the pandemic (including the effects of lockdown) will in themselves cause a deterioration in the mental health of many.
In the online presentation ( in Turkish ) on May 12, 2020 member of Istanbul Bar Association Att. Jale KESKIN , Health Law, Personal Injury, Insurance and Aviation – Road Traffic Accident specialist will deliver the speech on (COVİD 19 PANDEMİSİ SÜRECİNDE MALPRAKTİS SEBEBİYLE HEKİMLERİN VE HASTANELERİN HUKUKİ VE CEZAİ SORUMLULUĞU in Turkish ) . The main topics are
- COVID-19-related illnesses and deaths arising from the virüs due to Medical malpractice including doctors’ and hospitals’ liability under Turkish law
- Civil and criminal claims due to breach of duty and Clinical negligence ‘directly’ related to COVID-19 may arise from a hospital’s system’s lack of preparedness for a pandemic in Turkey
Consequences of Related words medicla legal jorgons :
Turkish Malpractice lawyer , fatal medical claims , asses of causation
Medical negligence Turkish tort law , Breach of duty, COVID-19 compensation claims
- to diagnose the disease and /or inappropriate treatment for a patient once diagnosed,
- Breach of contractual relations and unlawful action (tort law ) such as negligence of care duty , and or trained doctors performing procedures outside of their usual expertise, and patients who are inadvertently exposed to the disease. May 2020
Clinical Negligence Related Words Medical And Legal Jargon :
Turkish Malpractice lawyer , fatal medical claims , asses of causation ,
Medical negligence Turkish tort law , Breach of duty hospital doctor , COVID-19 compensation claims , doctor’s failure , Turkish doctors liability and hospitals’ liability
Turkish health law, Patient Rights in Turkey , Health Tourism , Hospital Managements in Istanbul
Public health, Hospital Services and Turkish Health Care sector , Turkish Healthcare system
Av. Abdulvahit KAYA
Kaya and Partner Hukuki Danışmanlık
Lawyers – Rechtsberatung
www.kayapartner.com info@kayapartner.com