Konsültan hekimin aydınlatma yükümlülüğü

Abstract

Tip bilimi dunyada ve ulkemizde son derece gelismis ve ilerlemistir. Tip bilimi ugrasisi icinde olan hekimler de bu gelismislige paralel olarak daha ozel konularda uzmanlasma egilimindedirler. Bu yonde egitimlerini arttirmakta veya ilgi alanlari nedeniyle kendilerini bu ozel alanlarda gelistirmektedirler. Gunumuzde hekimler belli bolumlerde uzmanlasma yaninda o bolumun daha da ozel bir alaninda egitim alarak veya ilgi alani gelistirerek uzmanlasmaktadirlar.

The medical science has become advanced and developed both at home and in the world. The physicians who engage in medical practice also have tendency to specialize in specific fields in parallel with such advanced and developed state of the medical science. They continue to increase their tendency towards that end or improve themselves in such areas due to their interests. Today in addition to the specialization in a specific area, the physicians become further specialized in a given field within their field of specialization either through getting further training or developing their area of interest. Moreover in the treatment of the more complex diseases of our age such specialization has become a necessity. The patients also prefer their physicians to be specialists or even experts in the field of their application. Such specialization and the existence of more complicated diseases have made the interdisciplinary study an obligation. It is in fact inevitable for relevant specialists to cooperate with one another in treating patients with multiple diseases. In practice, however, it has become a commonplace for physicians to obtain scientific views or suggestions from other physicians for determining the right diagnosis and conducting the necessary treatment for complicated and difficult cases. In consultation, which is described as sharing information and counseling between physicians in different areas of practice, the consultation physician who is asked his opinion and experience is also included in the process along with the patient on whom the medical intervention is to be performed.Informing the patient prior to a medical intervention and obtaining his/her consent based on his/her free will are the results of one?s self determination right. In order for a person to give his/her consent to or reject any medical intervention, the person in question has to be sufficiently informed as to the nature of such medical intervention, and, as a result of such information, has to make decision based on his/her value judgment and free will. A consent obtained through sufficient information is an obligation on physicians? part as well as it is a right granted to the patients. The following matters will constitute the main subject as well as the objectives of our study: Determination of the consultation physician?s ? the person who is asked his opinion and experience and that will be influential in the patient?s self determination process and will also be actively involved in the medical interventions to be performed on patients - obligation to inform patients within the scope of his obligations; examination of the regulations in our legislation with respect to the consultation; defining the status in practice regarding the informing the patients in consultation process and the significance of obtaining the patients? consent through information in medical interventions as well as how and why it should be obtained and the consequences of failure to do so.It is just as important to have a patient sufficiently informed by a competent person as it is to have that patient?s consent through information in medical interventions. In this respect it is our belief that such issues as the consultation physician?s ? the person who engages in medical intervention process through his medical knowledge and experience ? obligation to inform patients as well as the concepts of informing the patient and consent should be taken from their general context and examined more specifically.Istanbul, 2010 Sevgi Akbenlioğlu