Health Law examines the field of health care service in terms of private law, criminal law and administrative law for the beneficiaries and service providers. Health policies changing and developing in parallel with the development of medical information and technology in the field of health care service and the changing and developing health legislation and the public service quality of health service in this direction are increasing the importance of "Health Law" as a science.
With the Turkish Criminal Code No. 5237 entering into force on 01.06.2005, the responsibility of health institutions and professionals has increased.
If the reflections of the novelties and changes brought about by the new Criminal Law and their relations with the other laws and regulations in our health legislation are taken into consideration, it can be seen that this fields bears great responsibilities. While the health professionals used to be prosecuted for negligence offenses in their professions, they can now be prosecuted under intentional crimes because the Turkish Penal Code No. 5237 has introduced the term of intentional crime. The intentional crime refers to the fact that the perpetrator may envision the consequences but doesn’t prevent that from happening. Proving that the offense is committed due to the intentional acts is a reason for the mitigation of the punishment because the perpetrator acts envisioning the consequences of its actions not he/she doesn’t commit that act knowingly and willingly (with direct intention).
The other common accusations the health care providers may be subject include involuntary manslaughter and homicide as per the Penal Code No. 5237. Because most of the damages that the healthcare providers may cause due to medical intervention or other health services are caused by lack of attention and care. Our new law introduces the term of conscious negligence. That’s, the perpetrator envisions the consequences but doesn’t prevent it from happening in a belief that they won’t occur, which necessitates an increase in the punishment.