The Liability of Foundation Hospital and Medical Doctor Arising From Agent of Necessity

Abstract

The legal relationship between medical doctors, foundation hospitals, and patients has been discussed in the legal doctrine and numerous court decisions. Yet, there is no consensus on the description and legal characteristic of that relationship. In this study, the characterization of the legal relationship in question is explained in comparison to German law and the regulations concerning agent of necessity in Turkish-Swiss Civil Law. Within this scope, in the first chapter of this study, the possible contractual relationships between these parties are analyzed in order to determine the cases in which the agent of necessity come into question. In the second part of the study, the liability of medical doctors and foundation hospitals arising from the agent of necessity is clarified. Moreover, since the doctor is not an organ of the foundation hospital, the issue of the medical doctor’s responsibility in providing emergency health care and expanding the scope of surgery from the agent of necessity will be expounded.