Health Law Disputes

Disputes arising from health law are also specific in terms of judicial remedy. While the lawsuits filed due to a legal dispute between the private hospital patient, the self-employed physician-patient, the health worker-patient working in the private hospital are subject to judicial judicial remedy, in the case of public hospitals, the hostility will be directed to the Ministry of Health and will be subject to administrative judicial remedy. As it is known, full judicial cases are outside the scope of mediation. However, with the Law on Mediation in Civil Disputes and the Regulation on the Law on Mediation in Civil Disputes, private law disputes to which the administration is a party are also included in the scope of mediation. Since the recourse lawsuits to be filed by the Ministry of Health against the physician or health workers who caused this damage in the medical intervention resulting in the patient’s injury in a public hospital are filed in the court of first instance, this dispute is suitable for mediation and is within the scope of voluntary mediation.