Monday-Friday: 09:00 - 18:00 Saturday: 09:00 - 13:00
Make an Appointment
Title Image

Patient Rights



Purpose, Scope, Basis, Definitions and Principles


Article 1- This Regulation; To show concretely the “patient rights”, which are the reflection of fundamental human rights in the field of health services and accepted in the Constitution of the Republic of Turkey, other legislation and international legal texts, and in all institutions and organizations where health care is provided and in cases where health services are provided outside of health institutions and organizations. It has been prepared with the aim of regulating the procedures and principles that ensure that everyone can benefit from “patient rights” in a manner befitting human dignity, be protected from violations of rights, and actively use legal protection when necessary.


Article 2- This Regulation; It covers all public and private institutions and organizations that provide health services, all persons at all levels and titles participating in the service in these institutions and organizations, and all individuals who have the right to benefit from the service.

Legal Basis

Article 3- (Amended:OJ-8/5/2014-28993)

This Regulation; It has been prepared based on the Health Services Basic Law No. 3359 dated 15/5/1987 and Articles 8 and 40 of the Decree-Law on the Organization and Duties of the Ministry of Health and its Affiliates No. 663 and dated 11/10/2011.


Article 4- From the expressions used in this Regulation;

a) Ministry: The Ministry of Health,
b) Patient: Anyone who needs to benefit from health services,
c) Personnel: All healthcare professionals who participate in the provision of healthcare services, regardless of whether the service is provided in public or private healthcare institutions and organizations or freely, and those who participate in the provision of healthcare services responsibly, even if they are not healthcare professionals,
d) (Amended: OG-8/5/2014-28994) Health institution and organization: All public or private institutions and organizations where health services are provided and all places where medicine is practiced,
e) Patients’ rights: Individuals in need of health services have the right to benefit from health services just because they are human, Their rights guaranteed by the Constitution, international treaties, laws and other legislation,
f) (Added: OG-8/5/2014-28994) Competence: When the approver who is not incapable of acting rationally because of his/her young age or because of mental illness, mental weakness, drunkenness or similar reasons may encounter or reject the proposed medical intervention the ability to reasonably understand and evaluate the consequences that may arise,
g) (Added: OG-8/5/2014-28994) Medical intervention: The physical and spiritual intervention carried out within the boundaries of medicine in accordance with the relevant professional obligations and standards for health protection, diagnosis and treatment of diseases, applied by persons authorized to practice the medical profession,
ğ) (Annex: OG-8/5/2014-28994): Informing: Prior to any planned medical intervention, the necessary information is given to the person by the healthcare professional who will perform the intervention,

h) (Added: OG-8/5/2014-28994) Consent: The person’s free will and informed consent to medical intervention,


Article 5- It is obligatory to comply with the following principles in the provision of health services:

a) It is always taken into consideration at every stage of service that the right to live in a state of complete physical, mental and social well-being is the most fundamental human right.
b) The patient is treated humanely, knowing that everyone has the right to live, to protect and develop their material and spiritual existence, and that no authority or person has the authority to abolish this right.
c) In the provision of health services, the race, language, religion and sect, gender, political thought, philosophical belief, economic and social status and other differences of the patients cannot be taken into account. Health services are planned and organized in such a way that everyone can easily access them.
d) Except for medical obligations and the cases written in the laws, the bodily integrity and other personal rights of the person cannot be touched without his consent.
e) The person cannot be subjected to medical research without his consent and the permission of the Ministry.
f) The privacy of the patient’s private and family life shall not be touched, except in cases permitted by law and medical obligations.


Right to Benefit from Health Services

Benefiting in accordance with Justice and Equity

Article 6- The patient has the right to benefit from health services in accordance with their needs, including activities aimed at promoting a healthy life within the framework of the principles of justice and equity, and preventive health services. This right includes the obligations of all institutions and organizations providing health services and the personnel involved in health services to provide services in accordance with the principles of justice and equity.

Request Information

Article 7- The patient may request information on how to benefit from health services. This right includes the right to learn which health institution can be benefited under which conditions, what all kinds of services and opportunities are provided by health institutions and organizations, and the right to learn how to benefit from the health services provided in the institution applied for.

All health institutions and organizations, to establish a unit with sufficient technical equipment to inform the patient in accordance with the first paragraph; In this unit, they have to take measures such as keeping informative signboards, brochures and signs in appropriate places of the institution in order to permanently employ personnel who have the qualifications and qualifications to provide precise and sufficient information to the patient, and to ensure that the patient can easily access the units they need.

Selecting and Changing the Healthcare Institution

Article 8- The patient; Provided that the procedures and conditions stipulated by the legislation to which it is subject are complied with, it has the right to choose the health institution and institution and to benefit from the health service provided in the health institution of its choice.

The patient can change the health institution, provided that it is in accordance with the referral system determined by the legislation. However, it is essential that the patient is informed by the physician about whether changing the institution will endanger life and whether the disease will worsen, and that there is no medical objection to changing the health institution in terms of life-threatening.

Except for emergencies, those who are affiliated with any social security institution and do not comply with the referral chain stipulated by the legislation, cover the wage difference themselves.

In cases where there is no medical benefit for the patient to stay in the health institution or when it is necessary to transfer to another health institution, the situation is explained to the patient or the persons specified in the second paragraph of Article 15. Before the transfer, the necessary information is given to the health institution that is requested for the transfer or approved medically, by the referring institution or the authorities determined by the legislation. In both cases, it is essential to provide the service without interruption and uninterrupted.

Recognizing, Selecting and Changing Personnel

Article 9- Upon request, the patient is informed about the identities, duties and titles of the doctors and other personnel who will provide or provide health services to the patient.

Provided that the procedures determined by the legislation are complied with, the patient has the right to freely choose the personnel who will provide health services to him, to change the doctor who deals with his treatment, and to ask for the consultation of other doctors.

When the rights to choose the personnel, change the doctor and request consultation are exercised, the difference in wages determined by the legislation is covered by the patient using these rights.

Requesting Priority

Article 10- In cases where the health service demand cannot be met on time due to insufficient or limited service opportunities of the health institution, the patient has the right to request that the priority right be determined objectively and based on medical criteria.

Provisions of the relevant legislation are applied in determining the priority order for emergency and judicial cases, the elderly and the disabled.

Diagnosis, Treatment and Care in accordance with Medical Requirements

Article 11- The patient has the right to demand diagnosis, treatment and care in accordance with the requirements of modern medical knowledge and technology.

Diagnosis and treatment cannot be made contrary to the principles of medicine and the provisions of the legislation related to medicine.

Prohibition of Intervention Except for Medical Necessities

Article 12- Without the purpose of diagnosis, treatment or prevention, nothing can be done or demanded that may cause death or life-threatening or violate bodily integrity or reduce mental or physical strength.

Euthanasia Ban

Article 13- Euthanasia is prohibited.

The right to life cannot be waived for medical reasons or by any means whatsoever. No one’s life can be ended, even if he or someone else demands it.

Medical Care

Article 14- The personnel shows the medical care required by the patient’s condition. Even if it is not possible to save the patient’s life or preserve his health, it is imperative to try to reduce or relieve his suffering.


Right to Information About Health Status

Scope of Disclosure

Article 15- (Amended with its title: OG-8/5/2014-28994)

To the patient;

a) Possible causes of the disease and how it will progress,
b) By whom, where, how and how the medical intervention will be performed, and its estimated duration,
c) Other diagnosis and treatment options and the benefits and risks of these options and their possible effects on the patient’s health,
ç) Possible complications,

d) Possible benefits and risks that may arise in case of rejection,
e) Important features of the drugs to be used,
f) Lifestyle recommendations critical to health,
g) How to get medical help on the same issue when necessary,
information is given.

Reviewing Records

Article 16- The patient can examine the file and records containing information about his/her health status directly or through his/her representative or legal representative and take a copy. These records can only be viewed by those directly involved in the patient’s treatment.

Requesting Correction of Records

Article 17- The patient; may request the completion, disclosure, correction of incomplete, ambiguous and erroneous medical and personal information in their records with health institutions and organizations and making them suitable for their final health and personal situation.

This right includes the right to object to reports on the patient’s health status and to request a new report on the health status of the same or other institutions and organizations.

Procedure for Providing Information

Article 18- (Amended:OJ-8/5/2014-28994)

Information is given as simply as possible, without hesitation and doubt, in a way that the patient can understand in accordance with his social and cultural level.

The patient is verbally informed about the medical intervention by the healthcare professional who will perform the medical intervention. In cases where it is obligatory for the healthcare professional who will provide information and medical intervention to be different, information can be provided by another healthcare professional who has the competence to inform, by explaining this situation to the patient.

It is essential to inform the patient himself. In the event that the patient requests someone else to be informed instead of himself, only the persons who are requested to be informed are informed, provided that this request is recorded in writing with the signature of the person.

The patient may also request a second opinion from another physician regarding the same complaint about his/her health status.

Except for emergencies, information is given by giving the patient a reasonable time.

Information is provided in an appropriate environment and by protecting the privacy of the patient.

Information on the cost of the procedure to be performed upon the request of the patient is given by the relevant units of the health service provider.

Circumstances where it is not permissible to give information and precautions should be taken

Article 19- It is permissible to hide the diagnosis in cases where there is a possibility that the disease will increase by badly affecting the moral structure of the patient and the course and outcome of the disease is considered grave.

Whether or not the patient or his relatives are informed about the patient’s health status is at the discretion of the physician within the framework of the conditions specified in the above paragraph.

An incurable diagnosis can only be felt or communicated to the patient by a physician and with full caution. If the patient does not have a request to the contrary or the person to be disclosed is not determined in advance, such a diagnosis is notified to the family.

Prohibition of Disclosure

Article 20- (Amended:OG-8/5/2014-28994)

Except as required by the provisions of the relevant legislation and/or the measures to be taken by the competent authorities; The person may request that he, his relatives or no one be informed about his or her health status. In this case, the person’s decision is taken in writing. The patient can change the request not to provide information at any time and request information to be provided.


Protection of Patient Rights

Respecting Privacy

Article 21- It is essential to respect the privacy of the patient. The patient can also openly demand that his privacy be protected. All kinds of medical interventions are performed by respecting the privacy of the patient.

Respect for privacy and the right to demand it;

a) Confidentiality of medical evaluations regarding the patient’s health status,
b) Examination, diagnosis, treatment and other procedures that require direct contact with the patient are carried out in an environment of reasonable confidentiality,
c) Permission to have a relative with him in cases where there is no medical problem,
d) The absence of persons who are not directly involved in their treatment during medical intervention,
e) Not to interfere with the patient’s personal and family life unless the nature of the disease requires it,
f) It covers keeping the source of health expenditures confidential.
The event of death does not give the right to violate privacy.

If it is necessary to be present during the medical intervention in the health institutions and organizations that are not directly related to the treatment of the patient; the patient’s consent is obtained for this before or during the treatment.

Not Subjecting to Medical Surgery Without Consent

Article 22- Except for the exceptions set forth in the law, no one can be subjected to medical surgery without his consent and in a way that is not in accordance with his consent.

In cases where the possible evidence of the crime committed by the person who is suspected of committing or participating in a crime is thought to be in his or the victim’s body; It is up to the judge’s decision to subject the accused or the victim to medical surgery in order to reveal these evidences.

In cases where delay is inconvenient, this action may be carried out upon the request of the public prosecutor.

Keeping Information Confidential

Article 23- Information obtained due to the provision of health services cannot be disclosed in any way, except as permitted by law.

Even if it is based on the consent of the person, the disclosure of information in cases that result in the complete waiver of personal rights, the transfer of these rights to others or excessive limitation of these rights does not remove the legal responsibility of the person who disclosed them.

Disclosure of information that may cause harm to the patient without a legally and morally valid and justified reason also requires legal and criminal liability of the personnel and other persons.

In the activities carried out for research and education purposes, the identity information of the patient cannot be disclosed without his consent.


Patient Consent in Medical Intervention

Patient Consent and Consent

Article 24- (Amended:OJ-8/5/2014-28994)

Patient consent is required for medical interventions. If the patient is small or confined, permission is obtained from his/her parents or guardians. This condition is not sought in cases where the patient does not have a parent or guardian or is not present or the patient does not have the power to express himself.

Even in cases where the consent of the legal representative is sufficient, it is ensured that the patient, who is small or limited, participates in the information process and the decisions to be taken regarding his treatment as much as possible, by listening to the small or limited patient.

Necessary measures are taken by health institutions and organizations to inform and obtain consent appropriate to the situation of the disabled.

In cases where consent is not given by the legal representative, if it is medically necessary to intervene, medical intervention can be made to the patient under custody and guardianship; In accordance with Articles 346 and 487 of the Turkish Civil Code, it is subject to a court decision.

The wishes of a patient who is not in a position to explain his request during the medical intervention, regarding the medical intervention, are taken into consideration.

In recurrent diseases in which proficiency is lost from time to time, the patient may be asked to give consent for medical intervention regarding the periods in which proficiency is lost.

In emergency situations where the patient’s consent cannot be obtained, in which there is a life-threatening situation and in which the patient is unconscious, and in the presence of a situation that will cause the patient to lose an organ or become unable to perform its function, medical intervention to the patient is not dependent on consent. In this case, the necessary medical intervention is made to the patient and the situation is recorded. However, in this case, if possible, the patient’s relative or legal representative; if it is not possible, the patient’s relative or legal representative is informed after the medical intervention. However, for medical interventions after the patient’s consciousness is restored, consent procedures are applied depending on the patient’s proficiency and ability to express.

The post-discharge treatment plan, which includes information such as general health status, medications, control dates, diet, and what to do afterward, is verbally explained to the patient whose inpatient treatment is completed in health institutions and organizations. A copy of the epicrisis containing this treatment plan is then given to the patient.

Refusing and Stopping Treatment

Article 25- Except for the cases that are required by law and the responsibility of the negative consequences that may arise, belongs to the patient; The patient has the right to refuse the treatment planned or being applied to him or to ask for it to be stopped. In this case, the consequences of not applying the treatment should be explained to the patient or his legal representatives or relatives and a written document showing this should be obtained.

The use of this right cannot be used against the patient when the patient reapplies to the health institution.

Consent Form

Article 26- (Amended with its title: OG-8/5/2014-28994)

A consent form containing the information in Article 15 is prepared by the health institution and organization for medical interventions that are considered medically likely to cause conflict with the situations stipulated in the legislation. Information in the consent form; verbally transferred to the patient and the consent form is signed by the patient or his legal representative. The consent form is signed in two copies and one copy is placed in the patient’s file, and the other is given to the patient or his legal representative. In case of emergency medical intervention is not accepted by the patient, this statement is taken as signed, in case of refusal to sign, the situation is recorded. The consent form is signed by the healthcare professional who provides the information and will perform the medical intervention. The relevant healthcare professional is responsible for the accuracy of the information given. Consent forms are kept in accordance with archive legislation.

Application of Unconventional Treatment Methods

Article 27- When it is proven that the classical treatment methods known as a result of clinical or laboratory examinations will not benefit the patient, and the beneficial effects of which are understood by sufficient experience on experimental animals and the consent of the patient, another treatment method can be applied instead of the known classical treatment methods. . In addition, in order to apply a method other than the known conventional treatment method, it is essential that it is likely to be beneficial to the patient and that this treatment will not yield more unfavorable results than the known conventional treatment methods.

A method of medical treatment and intervention that has not been experienced before can only be performed if it is absolutely foreseen that it will not harm and save the patient.

The provisions of Chapter Six are reserved.

Form and Validity of Consent

Article 28- Except for the exceptions stipulated by the legislation, consent is not dependent on any form.

Consent obtained in violation of law and morality is null and void and no intervention can be made based on the consent obtained in this way.

Consent for Organ and Tissue Removal

Article 29- Organs and tissues cannot be taken from persons under the age of 18 and who are not qualified. Removal of organs or tissues for diagnosis, treatment and scientific purposes from those who fulfill these conditions is subject to the written form requirement stipulated in Article 6 of the Law No. 2238 on Removal, Storage and Transplantation of Organs and Tissues. The provisions of Article 14 of Law No. 2238 regarding the condition of taking organs and tissues from the dead and the preservation of corpses for scientific research are reserved.

Family Planning Services and Termination of Pregnancy

Article 30- Medicines and tools other than those determined by the Ministry cannot be used in family planning services, regardless of whether the person concerned has consent.

Termination of pregnancy is subject to the conditions stipulated by the Law No. 2827 on Population Planning.

In cases of sterilization and termination of pregnancy, the consent of the spouse is required if the patient is married with the consent of the patient.

Scope of Consent and Conditions in which it will not be sought

Article 31- (Amended with its title: OG-8/5/2014-28994)

While obtaining consent, it is essential that the patient or his legal representative be informed and enlightened about the subject and results of the medical intervention.

The consent given by the patient also includes routine procedures that are the continuation of the process required by the medical intervention and can be considered obligatory.

Medical intervention must be within the limits of the consent given by the patient.

In case of medical necessity, which may cause the loss of an organ of the patient or rendering it unable to perform its function, medical intervention may be extended without seeking consent, if the intervention is not extended when medical intervention is required for the patient. 


Medical Research

Consent in Medical Research

Article 32- No one; No medical intervention can be made for the purpose of experience, research or education without the permission of the Ministry and its own consent.

The expected medical benefit and public interest from medical research cannot be overestimated over the life and bodily integrity of the volunteer who consents to the research.

Medical researches are carried out only by authorized personnel who are not involved in the research according to the legislation and who have sufficient medical knowledge and experience, in places determined by the legislation.

The volunteer’s consent to the medical research does not remove the responsibility of the personnel involved in this research.

Protection and Information of the Volunteer

Article 33- All necessary measures are taken to prevent harm to the health and other personal rights of the volunteer in research. If the possible harm that the research will cause to the volunteer cannot be determined beforehand; Even if the volunteer has consent, it cannot be the subject of research.

Volunteer; are sufficiently informed in advance about the purpose, procedure, possible benefits and harms of the research, and that they can withdraw from participating in the research and withdraw their consent given at the beginning at any stage of the research.

Procedure and Form of Obtaining Consent

Article 34- Maximum care is taken to obtain the consent of the volunteer who has been adequately informed about the medical research, without any material or moral pressure, and completely based on his free will.

Consent in medical research is subject to the written form requirement.

Situation of Minors and Unqualified Persons

Article 35- Under no circumstances can medical interventions for the purpose of medical research be applied to minors and immature persons, without benefiting themselves. Provided that there are benefits, medical research on minors and minors is subject to the consent of their parents or guardians.

In cases where consent is not given by the legal representative, the second paragraph of Article 24 shall apply.

Research Use of Drugs and Preparations

Article 36- Even if a permit or license has been obtained in accordance with the special legislation, no drugs or preparations can be used on the patient for the purpose of medical research without his own consent and without the permission of the Ministry.

The use of drugs and compounds in medical research is subject to the provisions of the Regulation on Drug Research published in the Official Gazette dated 29/11/1993 and numbered 21480.


Other Rights

Ensuring Security

Article 37- Everyone has the right to expect and demand to be safe in health institutions and organizations.

All health institutions and organizations are obliged to take the necessary measures to protect and ensure the safety of life and property of patients and their relatives such as visitors and companions.

Provisions of special legislation regarding the custody of detainees and provisions in health institutions and organizations are reserved.

Fulfilling Religious Obligations and Benefiting from Religious Services

Article 38- Necessary measures are taken to enable patients to freely fulfill their religious duties within the possibilities of health institutions and organizations.

Provided that they do not cause disruptions in the services of the institution, do not disturb others, and do not interfere in any way with the medical treatment organized and carried out by the personnel, a religious officer who is in accordance with their religious beliefs is invited, upon their request, to suggest religion to the patients and support them spiritually. For this, appropriate time and place are determined in health institutions and organizations.

For the patients who are in agony and whose religious beliefs are known and who are orphaned, who are not able to express themselves, a religious officer who is in accordance with their religious beliefs is called without seeking the condition of request.

How and when these rights will be exercised and the measures to be taken in this regard are regulated separately in the legislation showing the working procedures and principles of the health institution.

Respect for Human Values and Visit

Article 39- The patient has the right to benefit from health services in accordance with his personality values and in the environment.

All personnel involved in health services; patients, their relatives and visitors must be friendly, courteous, compassionate and in accordance with the legislation on health services and the provisions of this Regulation.

At every stage of health services, patients are provided with necessary and sufficient information on why and how the procedure is performed, and if they are to be kept, the reasons for their waiting, taking into account their physical and mental conditions.

In health institutions and organizations, it is essential to provide all necessary hygienic conditions befitting human dignity, and to eliminate noise and all other disturbing factors. When necessary, these issues can be requested by the patient.

The admission of patient visitors is carried out in accordance with the procedures and principles determined by the institution or organization and in a way that does not cause acts and attitudes that will disturb the peace and tranquility of the patients, and necessary measures are taken in this regard.

Keeping a Companion

Article 40- To assist the patient during the examination and treatment; It may be requested to have a companion, subject to the approval of the physician in charge of the treatment, to the extent required by the legislation and institutional facilities and the health status of the patient.

How and when this right will be exercised and the measures to be taken in this regard are regulated separately in the legislation showing the working procedures and principles of the health institution and organization.

Providing the Service Outside of the Health Institution and Organization

Article 41- Patients can also benefit from health services in the places they are present in the following cases:

a) In the provision of preventive health services,
b) In cases where it is not possible to go or be taken to the health institution in person due to medical reasons,
c) In extraordinary situations such as natural disasters.
The procedures and principles regarding the delivery of the service outside the health institution are separately regulated by the Ministry.



Liability and Legal Protection Ways

Right to Application, Complaint and Litigation

Article 42- The patient and those related to the patient have the right to all kinds of applications, complaints and lawsuits within the framework of the legislation in case of violation of the patient’s rights.

Rules to be Followed by the Patient

Article 42/A – (Annex: OG-8/5/2014-28994)

The patient abides by the following rules while receiving health care:

a) Acts in accordance with the rules and practices of the health institution and organization to which it applies, and acts with the awareness of being a part of the diagnosis and treatment team with a participatory approach.
b) Provides as complete and accurate information as possible about his complaints, previous illnesses, treatments and medical interventions, current medications, if any, and his health.
c) He/she should come to the control at the time determined by the physician and give feedback on the course of his/her treatment.
ç) Complies with the date and time of the appointment and notifies the relevant place of the changes.

d) Respects the rights of patients, other patients and personnel who are given priority according to the relevant legislation.
e) Does not engage in verbal or physical attacks on personnel.
f) The patient applies to the communication unit when he/she thinks that his/her rights have been violated or has problems.
Patient Communication Units, Patient Rights Boards, Certified Training

Article 42/B – (Annex: OG-8/5/2014-28994)

In order to carry out patient rights practices, patient communication units are established within health institutions and organizations.

Provincial health directorate; It establishes a Patient Rights Board to evaluate and decide on applications from university hospitals, military hospitals and private health institutions and organizations, public hospitals, oral and dental health centers, family health centers and community health centers, to make suggestions and to determine corrective actions.

The Board consists of the following members, including the chairman. The provincial health director or the representative of the directorate is the chairman of the Board.

Other members are: a workplace union representative, if any, of the complained personnel, an institution representative appointed by the top manager of the institution in the province (university rector, Public Health Directorate, Public Hospitals Union General Secretariat), and in private health institutions, by the top manager of the organization. a designated representative, a representative from patient rights associations or consumer associations, a citizen appointed by the governorship.

In case of application by more than one patient rights association or consumer association, the representative of the association is determined by drawing lots by the provincial health directorate.

Provincial health directorate may establish more than one committee if needed.

Certified trainings within the scope of this Regulation are subject to the provisions of the Ministry of Health Certified Training Regulation published in the Official Gazette dated 4/2/2014 and numbered 28903.

Duties, Working Procedures and Principles of the Board

Article 42/C – (Annex: OG-8/5/2014-28994)

The duties and working procedures and principles of the Board are as follows;

a) The Board evaluates the written and/or electronic applications that cannot be resolved on site by the health institution and organization.
b) Violation decisions made by the board due to behavior contrary to patient rights practices or ethical principles are notified in writing to the relevant health institution and organization and the relevant personnel. The file about the healthcare professional, whose rights have been violated more than twice in the last six months, is sent to the Health Professions Board in accordance with the provisions of subparagraph (b) of the seventh paragraph of Article 23 of the Law No. 663 on the Organization and Duties of the Ministry of Health and its Affiliates.
c) The Board, if deemed necessary, examines the practices that may cause violations of patient rights and decides to determine suggestions and corrective actions to improve patient rights. The health institution and organization takes the necessary precautions, takes initiatives and informs the board about the procedure within the specified period.
ç) The Board convenes at least once every fifteen days. Secretariat services are carried out by the provincial health directorate’s patient rights coordinator.

d) The Board decides on the application within thirty days from the date the application reaches the Board.
e) The Board convenes with the absolute majority of the total number of members and takes decisions with the absolute majority of the members attending the meeting. The reasons for the dissenting votes of the members who object to the decision are summarized below the decision.
f) Decisions are signed and filed by the members. Decisions are notified to the applicant with the relevant health institution and organization.
g) Applications made to the patient communication unit and files discussed at the board are confidential, and no information can be given to third parties in any way. Information and files are given to the investigator who makes an administrative investigation or to the judicial authorities, provided that they are officially requested, by respecting confidentiality. Board members are obliged to respect confidentiality.
ğ) When deemed necessary, the Board may invite the relevant persons to the Board.

h) The term of office of the members who are representatives of civil society and unions is calendar years. The term of office of the members of the commission is two years. Members whose term has expired can be reappointed. The membership of the member who does not attend the Board meetings three times in a row without any excuse ends and these persons cannot be re-elected as members for a period of three years. A new member is elected to complete the remaining time for a vacant membership for any reason.
ı) Applications regarding medical error claims are not evaluated by the board.

Members of the board, whose behavior is found to be contrary to the practices of this Regulation by the provincial health directorate, shall be terminated and they cannot be re-elected as members for a period of five years.

The summary of the decisions of the patient rights board is announced on the website of the provincial health directorate without including the names of the complained persons.

Responsibility of Health Institutions and Organizations

Article 43- In case of violation of the patient’s rights, a lawsuit may be filed against the institution and organization that employs the personnel, for material or moral damages, or for both pecuniary and non-pecuniary damages.

However, if the authority against which a lawsuit will be filed is a public institution and organization;

a) According to Article 12 of the Administrative Procedure Law No. 2577; In case the right is violated due to an administrative act, the concerned parties can file a full remedy action directly or an annulment and full remedy action together, or they can file an annulment action first, within the period of filing a lawsuit, upon the decision of this action.
b) Pursuant to Article 13 of the same Law, in case of applying to the administration by showing separately the amount of compensation requested as pecuniary and non-pecuniary damages, within one year at the latest from the date of learning of the damaging act, and in case the request is explicitly or implicitly rejected, a lawsuit is filed at the administrative courts within the legal period. must be opened.
Responsibility of Civil Servant or Other Public Official Personnel

Article 44- All or some of the criminal, financial and disciplinary responsibilities of the personnel who prevent the actual use of the patient rights shown in this Regulation or otherwise violate these rights may arise.

Except for the responsibilities specified in the first paragraph, administrative measures and sanctions to be applied to the personnel by the institution and organization employing the personnel, depending on the situation of the violation, are reserved.

Procedure for Determining the Responsibility of Public Personnel

Article 45- In case of complaints or when the actions and situations of the personnel working in public institutions and organizations violating the patient’s rights are determined spontaneously by the administration, an inspector or investigator is appointed directly by the governorships or the Ministry or the institutions in which the personnel are assigned to follow up, investigate and sanction the incident if necessary. .

Sanctions on Public Personnel

Article 46- The sanctions to be applied in case of any violation of the patient’s rights by the civil servant or other public servant personnel and during their duties are shown below:

a) If a disciplinary sanction has been proposed by the investigator based on the nature of the act of the personnel who are public officials, the disciplinary punishments stipulated by the legislation are duly appreciated by the authorized supervisors or boards.
b) If the violation of rights also constitutes a crime according to the criminal law, if a necessary trial decision is made as a result of the investigation carried out in accordance with the provisions of the Law on Civil Servants’ Proceedings, the file will be sent to the Chief Public Prosecutor’s Office to file a criminal case and thus the personnel will be charged. The application of the penal sanction found appropriate for the act is ensured.
c) In accordance with the second paragraph of Article 40 of the Constitution, the fifth paragraph of Article 129, and Article 13 of the Civil Servants Law No. 657 and other relevant legislation, the civil liability of civil servants and other public officials cannot be carried out directly through a lawsuit filed against the civil servant. The lawsuit can only be brought against the administration according to the procedure set forth in Article 43. The emergence of the legal responsibility of these personnel depends on the decision of compensation as a result of the lawsuit to be filed against the administration.
After the damage caused by the public official personnel is compensated by the administration upon the court decision, it is recourse to the responsible personnel who are responsible.

d) Actions are taken against the public servant personnel in accordance with Article 47 due to the acts they have committed while they are performing their professions freely other than their official duties.
Responsibility of Non-Governmental Personnel

Article 47- Sanctions to be applied in case of any violation of patient rights by civil servants or other non-public personnel are shown below:

a) Non-public personnel; Upon the direct complaint of the patient whose rights have been violated, or upon the notification made by the Ministry or other institutions and organizations in case these acts are detected in another way, their professional organizations, which are public institutions established in accordance with special laws, may be punished with disciplinary penalties by the councils of honor.
b) Legal responsibilities of non-public personnel arising from violations of patient rights can be claimed by filing a lawsuit against themselves or the institutions and organizations that employ them, or against both themselves and their employees, according to general provisions.
c) The imposition of penal sanctions on personnel who are not public officials, due to their acts constituting a crime according to the criminal law, may be carried out by direct notification or complaint to the public prosecutor’s office in accordance with the general provisions.


Final Provisions

Duties of Institution and Organization Officials

Article 48- Officials of health institutions and organizations; In order to help the patient’s rights specified in this Regulation and other legislation to be used in accordance with the letter and spirit, by making a list, signboard or brochure, the “patient rights” shown in this Regulation, and making them available to the health institution and organization, patients, staff and visitors. It is responsible and authorized to take all necessary measures, including keeping it in suitable places where it can be easily accessed and read by the Company.

Reserved Provisions

Article 49- The special regulations and limitations brought by the provisions of the law for the purposes of protecting national security, public order, public interest, general morality and general health are reserved.

Transition Clause

PROVISIONAL ARTICLE 1 – (Annex: OG-8/5/2014-28994)

Patient rights units within health institutions and organizations are transformed into patient communication units within three months at the latest. Health institutions and organizations that do not have a patient communication unit establish this unit within six months at the latest.

Existing patient rights committees continue to function until a patient rights committee is established within the provincial health directorate. A committee is formed by the provincial health directorate within six months at the latest following the publication of this article. The current patient rights board and its members cease to function on the date the board is established within the provincial health directorate.


Article 50- This Regulation enters into force on the date of its publication.


Article 51- The provisions of this Regulation are executed by the Minister of Health.

Yardıma ihtiyacınız mı var?