Institute of Graduate Studies

Medical Law

Ph.D. in Medical Law and Objectives of the Programme

Although Medical Law is a nascent field of study in our country, it has become to attract the attention of public, medical doctors and lawyers. Medical law, which distinguishes as an interdisciplinary field of study, primarily deals with the civil liability of more than 200.000 medical officials in our country due to the medical intervention they performed. It should be noted that there is a considerable rise in the number of cases regarding civil liability of medical officials in our country and in the world. Despite the significance of Medical Law in practice, there are some reasons which restrain the development of this highly technical field of study. First, Medical Law has not been a separate field so far. In a similar vein, lawyers in our country have been interested in the field only alongside their field of expertise. Accordingly, no separate medical lawyers have worked in the field. Rather, forensic science experts have occupied the field. Our programme aims to fill this gap. Moreover, medical officials should be aware of their rights and responsibilities while having knowledge of key provisions concerning them. Our programme aims to inform participants about the establishment of a balance between the interests of individual patient and the public by providing sufficient medical law knowledge. Within the scope of the programme, modules on criminal and civil liability of medical doctors and other medical officials, forensic medicine, compulsory financial insurance system, social insurance system, ethics, legal terminology and medical terminology are placed.

Master of Medical Law is an interdisciplinary programme that welcomes the applications of candidates who graduated from any Master’s programme (with thesis). In line with the regulations of the Institute of Social Sciences, the score of ALES (Academic Personnel and Postgraduate Education Entrance Exam) and the score of foreign language exam are required for the application to the programme.

The language of the education is Turkish. Students are required to take modules during the first 3 semesters. Afterwards, they are required to write an original dissertation and to defend it successfully before a jury. Following is the list of modules:

  • Introduction to Medical Law
  • Research Methods
  • Medical Knowledge and Medical Terminology
  • Introduction to Law
  • Ethics of Biomedicine and Law
  • Case Study
  • Private Law Issues in Medical Law
  • Forensic Medicine and Approach to Medical Malpractices I
  • Social Insurance System regarding Medical Law I
  • Medical Criminal Law
  • Compulsory Financial Liability Insurance of Medical Doctors
  • Forensic Medicine and Approach to Medical Malpractices II
  • Human Rights Issues in Medical Law
  • Social Insurance System regarding Medical Law II
  • Pharma Law
  • Current Problems of Medical Law
  • Comparative Medical Law
  • Protection of Personal Health Data
  • Financial Liability Insurance
  • Industrial Property Dimension of Pharma Law
  • Term project

Contents of Courses

Medical Law Issues in Practice

By providing general information about basic concepts and institutions related to medical law, it is aimed to establish a connection between these and legal problems arising from medical practices in the field and to discuss the problems within the framework of medical law. Additionally, it is aimed to discuss the medical law issues in practice within the framework of the relevant legislation, to review whether the legislation meets the needs, to examine the conditions of legal compliance in medical interventions, and to evaluate the legal and criminal liability of the physician in case of the issues encountered in practice. 

Financial Liability Insurance

In this course, the purposes of "liability insurance" and its place in insurance law are examined. Then, the provisions of the law regulating liability insurance and their article justification are investigated. In particular, the purpose, cause and consequences of the injured person's right to sue directly against the insurer are investigated. The reasons that exclude the right to file a direct action are evaluated. The principles governing the liability insurance case are examined.

The Protection of Personal Health Data

The course of The Protection of Personal Health Data covers national and international legal regulations, especially the Law No. 6698, regarding the processing, transfer and storage of personal health data in both public and private sectors.

Industrial Property Aspect of Medicine Law

Medicine law is the field of law that involves all subject matters and issues relating to medicine. The chemical formula of the pharmaceuticals invented to solve medical problems may be protected as patent in Turkish law. At the same time, the names or other signs of the pharmaceutical products, which are used to be distinguished from other pharmaceutical products especially generic drugs on the market, may be registered as trade mark.

In this module, the general requirements for the patent registration, the registration procedure and ownership under 6769 numbered Law on Industrial Property are covered and the scope of the patent rights and their limits (such as Bolar exemption, pharmacy exemption, exhaustion regime) are analysed. Furthermore, the registrability of the name or other signs of pharmaceutical products as trade mark, the scope of granted trade mark rights and their limits under the Law on Industrial Property are analysed.

Medical Law Case Studies

Real-life cases which have been taken to the judiciary are discussed, including their history, indications for medical interventions, applied or non-applied treatments, complications, medical records, expert reports from different organizations or people and legal decisions. Relevant legal framework is also analyzed. All discussions are carried out in an interactive manner and all students are encouraged to state their point of view on the subject. Cases are derived from different fields of medicine, such as internal medicine, emergency medicine, pediatrics, surgery, orthopedics, opthalmology etc and different points of view among physicians and lawyers are discussed.

Analysis of Reproductive Medicine Techniques in Comparative Law 

The aim of this lecture is to provide an outline of reproductive medicine techniques, to consider the legal problems that arise / may arise from their applications, as well as to discuss the formation and development processes of the embryo, its legal status and the limits of intervention on the embryo in comparative law. Within this scope, an examination of the development of reproductive medicine techniques from the past to the present, the concept of embryo and terminological confusions, artificial insemination and the legal problems that may arise as a result of this is provided, followed by a further analysis of debates on the legal status of the embryo and the beginning of life within the framework of medical law. 

List of Tutors:

Prof. Dr. M. Refik Korkusuz

Prof. Dr. M. Hakan Hakeri

Prof. Dr. Tunç Kutoğlu

Associate Professor Dr. Gülsün Ayhan Aygörmez Uğurlubay

Associate Professor Dr. Hacı Kara

Assistant Professor Dr. Alpertunga Kara

Dr. Derya Tekin

Programme Outcomes

At the end of the programme, students will gain the specialised knowledge in the field of Medical Law and the competencies listed below:

  1. Ability to conduct research and to access information in the field of Medical Law
  2. Ability to evaluate, interpret and convey information in the field of Medical Law
  3. Ability to comprehend universal concepts in the field of Medical Law
  4. Strategic thinking skills in the field of Medical Law
  5. Knowledge about national and international literature in the field of Medical Law
  6. Knowledge about basic concepts and terminology in the field of Medical Law
  7. Conducting original research in the field of Medical Law and contributing to the field
  8. Knowledge about scientific writing techniques
  9. Undertaking scientific research about different dimensions of Medical Law by relating the disciplines which contribute to the field of Medical Law

Contact:

Prof. Dr. M. Hakan HAKERİ

Tel: 0216-2802404