The Physician’s Legal Liability

Throughout history, the physician’s legal and ethical approach to his/her patient has been debated, as has his/her professional competence. The treatment contract between the physician and the patient imposes certain duties and obligations on the physician. The physician’s professional competence, knowledge, and medical license are the grounds for the obligations of care and personal performance. In other words, the physician must both be medically successful and observe the rights of his/her patient. This study was designed to inform and raise awareness among physicians about legal responsibilities, of which they are often not consciously aware. Relationships that give rise to rights and responsibilities within the scope of patient -physician law are based on contract, tort, or public service. For this reason, the physician-patient relationship (PPR) has two important legal bases: the Law of Obligations and Administrative Law. In the study, the legal regulations in our country have been briefly compiled, and examples of legal liability in different countries, based on this legislation, have also been addressed. The relationship between the physician and the patient, based on contract and tort, is regulated by the Law of Obligations, whereas the public service relationship is regulated by the Administrative Law in our country. Under the power-of-attorney contract, which is the legal basis for the PPR, physicians face compensatory, criminal, and disciplinary liability for their medical acts. Therefore, physicians must act with medical, ethical, and legal responsibility towards their patients.