Legal Liability Of Private Hospitals

Definition and Scope of Private Hospitals

A private hospital is a health institution established and operated by a natural person, an ordinary partnership, an association, a foundation or a commercial company within the scope of the Turkish Commercial Code, which provides outpatient and inpatient examination, diagnosis and treatment services to patients in one or more specialties on a continuous and regular basis for twenty-four hours, provided that it has the minimum building, service and personnel standards stipulated in Regulation No. 24708; and whose opening, closing and use conditions are subject to the provisions regulated by the HHK. A patient is a person who needs to benefit from health services.

Establishing Hospital Admission Agreements

The hospital admission agreement can be established in different ways according to the obligations undertaken by the private hospital.

Full Hospitalization Contracts

In full hospitalization contracts, the hospital operator undertakes all acts related to health assistance (medical treatment, accommodation, feeding and drinking, etc.). The distinguishing point is that the hospital performs these acts through its employees, including physicians. More specifically, the hospital undertakes the obligation to perform the interventions required for the treatment by competent personnel. In this context, the hospital is free to carry out medical treatment by its own employees, as well as to bring in external physicians, and more importantly, if the patient applies to the hospital without choosing a physician, the hospital has the right to choose the physician itself.

Split Hospital Admission Agreements

In cases where the private hospital undertakes acts other than medical treatment and the patient and the physician conclude a separate power of attorney agreement for medical treatment, a “split hospital admission agreement” is established.

General Provisions of Hospital Admission Contracts

There are no special provisions regarding the establishment of a hospital admission contract, and the contract is subject to general provisions. In this respect, pursuant to Article 1 of the Code of Obligations, the contract is concluded upon the mutual and appropriate declaration of the will of the parties; the declaration of will may be explicit or implicit.

Obligations of Private Hospitals in Full Admission Contracts

If the obligations of the private hospital in the full hospital admission contract are counted;

• Providing Medical Diagnosis and Treatment of the Patient,
• Providing Hospital Care,
• Patient Enlightenment,
• Obtaining the Patient’s Consent,
• Duty of Loyalty and Care,
• Record Keeping Obligation,
• It is possible to determine them as Confidentiality Obligation.