An overview of the concept of medical intervention and informed consent according to Turkish law

Abstract

Medical intervention refers to any action taken against the physical and mental structure of the person for the purpose of treatment by an authorized person in the medical field. Medical interventions without legal compliance conditions constitute a crime legally. In order for the intervention to be lawful; The person performing the medical intervention must be a physician, there must be the necessary indication for medical intervention, the patient must have informed consent, and the physician must perform a meticulous medical intervention in accordance with the requirements of medical science. According to our constitution, people have the right to determine their own future. Therefore, the physician must obtain the consent of the patient before intervening in the patient's bodily integrity. The aim of the physician to heal the patient does not give any privilege to the physicians in this regard. According to the legislation, it can be stated that it is more appropriate to make the enlightenment verbally, but it would be more beneficial to put the verbal clarification in writing in terms of proof of the clarification. In order for the patient's consent to be valid, the patient must have a good grasp of the subject to which he or she gave consent. For this reason, the patient should be fully illuminated.