Health Law
cyuzbasioglu@gsu.edu.tr
sozturkler@gsu.edu.tr
Content
Objective
- Revealing the aspects of health law, which has become a differentiated branch of law, that integrate and differentiate from other branches of law.
- Increasing the level of knowledge about the basic concepts of health law
- Developing learning skills about the administrative law, criminal and law of obligations aspects of health law
- Transferring the jurisprudence in the field of health
- Reflecting the terms of public health services in comparative law
Course Content
- The concepts of health and health law
- Features of health services
- Executionof health services
- Health personnel law
- Health liability law
- Special situations arising from health-related jurisdiction
Course Learning Outcomes
- Monitoring the legislation regarding health law
- To have knowledge about the basic disputes and resolution methods arising in health law.
- To have information about the Turkish health system organization
- Learning the concepts of informed consent, anamnesis, complications, malpractice and similar health law concepts.
Teaching and Learning Methods
- Legislative review
- Jurisprudence review
- Case solution
References
- Claudine BERGOIGNAN – ESPER - Marc DUPONT, Droit hospitalier, 9e édition, Dalloz, 2014.
- Cyril CLEMENT, La Responsabilite du fait de la mission de soins des établissements publics et privés de santé, BNDS, 2010.
- Hüseyin Melih ÇAKIR, Sağlık Hizmetlerinin Özel Hukuk Kişileri Tarafından Yürütülmesi, XII Levha Yayıncılık, 2015.
- Betül ÇATAK IRIZ, Sağlık Hizmetlerinden Kaynaklanan Zararlardan Dolayı İdarenin Sorumluluğu, Adalet Yayınevi, 2011.
- Serkan ÇINARLI – Fidan ERMUMCU – Orhan MERAL, Tıbbi Uygulamadan Doğan İdari Yargı (Tam Yargı) Davaları, Adalet Yayınevi, 2020.
- Serkan ÇINARLI, İdarenin Sağlık Hizmetinin Sunumundan Kaynaklanan Hukuki Sorumluluğu, Orion Kitabevi, 2013.
- Mehmet DEMİR, Tıbbi Organizasyon Kusuru Açısından Hastanelerin Hukuksal Sorumluluğu, Turhan Kitabevi, 2010.
- Ünal ER, Sağlık Hukuku, Savaş Yayınevi, 2008.
- Hakan HAKERİ, Tıp Hukuku, 13. baskı, Seçkin Yayıncılık, 2018.
- Cihan YÜZBAŞIOĞLU, İdare ve Personel Yönüyle Sağlık Hizmetlerinden Kaynaklanan Sorumluluk, On İki Levha Yayıncılık, 2020.
Weekly Contents
| Week | Weekly Contents |
|---|---|
| 1 | The Concept of Helath |
| 2 | Right to Health |
| 3 | Health Public Service |
| 4 | Execution of Health Services |
| 5 | Health Personnel Law |
| 6 | Health Police |
| 7 | Liability of Administration in Turkish Law |
| 8 | Liability of Administration in Turkish Law |
| 9 | Responsibility of the Administration Arising from Healthcare |
| 10 | Responsibility of the Administration Arising from Healthcare |
| 11 | Responsibility of the Administration Arising from Healthcare |
| 12 | Responsibility of the Administration Arising from Healthcare |
| 13 | Responsibility of the Administration Arising from Healthcare |
| 14 | Special Situations Arising from Health-related Jurisdiction |
Assessment System
| Activities | Number | Contribution |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 40 |
| Contribution of final exam to overall grade | 1 | 60 |
| Total | 2 | 100 |
| Activities | Number | Contribution |
|---|---|---|
| Assignments | 0 | 0 |
| Presentation | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 40 |
| Project | 0 | 0 |
| Laboratory | 0 | 0 |
| Other Applications | 0 | 0 |
| Quiz | 0 | 0 |
| Term Paper/ Project | 0 | 0 |
| Portfolio Study | 0 | 0 |
| Reports | 0 | 0 |
| Learning Diary | 0 | 0 |
| Thesis/ Project | 0 | 0 |
| Seminar | 0 | 0 |
| Other | 0 | 0 |
| Total | 1 | 40 |
Relation of Proficiency
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Recognizing fundamental legal concepts, defining, interpreting and using them. | X | ||||
| 2 | Recognizing fundamental disciplines of law and their content, including legislation, case-law and the doctrine in the relevant discipline. | X | ||||
| 3 | Recognizing positive norms in the legislation and being able to define and explain the principals of methodology. | X | ||||
| 4 | Being able to determine, identify and restate legal problems. | X | ||||
| 5 | Being able to use legal interpretation principals in an efficient manner in order to analyse and resolve a legal problem and in order to develop a strategy. | X | ||||
| 6 | Being able to conduct academic researches on legal problems and to propose solutions. | X | ||||
| 7 | Assuming responsibility individually or collectively for resolving complicated legal problems. | X | ||||
| 8 | Being able to criticise positive norms of the law system. | X | ||||
| 9 | Being able to explain technical legal knowledge in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner. | X | ||||
| 10 | Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals. | X | ||||
| 11 | Being able to conduct comparative academic researches between different law systems. | X | ||||
| 12 | Respecting human rights and universal principals and notions of law. | X | ||||
| 13 | Respecting the ethical standarts, good faith, fairness and equity principals. | X | ||||
| 14 | Being sensitive to social problems, democracy, laicism and rule of law principal. | X | ||||
ECTS
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 2 | 14 | 28 |
| Midterm Examinations (including preparation) | 4 | 4 | 16 |
| Total Workload | 44 | ||
| Total Workload / 25 | 1.76 | ||
| Credits ECTS | 2 | ||