When a person is beaten or injured, it is generally agreed that their bodily integrity has been violated. But are we aware that an unwanted medical intervention also falls within the scope of a violation of bodily integrity?

According to Article 17, Paragraph 2 of our Constitution, no one can touch a person’s bodily integrity without their consent, except in cases of medical necessity and those specified by law. The medical necessities mentioned here are exceptions. The rule is that no medical intervention can be performed on an individual without their consent. This principle has been legally grounded through various laws and regulations. As stated in Article 70 of the Turkish Medical Profession Law (1219), physicians, dentists, and dental practitioners are required to obtain consent from the patient, or from their guardian or legal representative if the patient is a minor or under legal restriction, before performing any procedures. This is also supported by the Patient Rights Regulation, Article 22.

While it is clearly stated that the patient’s consent must be obtained before a medical intervention, the manner in which consent is to be obtained is also specified. This is referred to as “informed consent” in medical terminology, and it has certain characteristics.

According to Article 26 of the Turkish Medical Association’s Code of Medical Ethics, a physician must explain to the patient the diagnosis, treatment methods, potential side effects or risks of the treatment, the risks associated with refusing treatment, and the potential consequences of these decisions. Additionally, the information must be given in a way that the patient can understand, and according to Article 14, Paragraph 2 of the Medical Deontology Regulation, the information must not worsen the patient’s health condition.

The Patient Rights Regulation also provides detailed provisions on this matter. Article 15 defines the scope of patient information, while Article 18 regulates the procedure for informing the patient. As a general rule, the patient must be informed, and according to Article 25, the patient also has the right to refuse treatment, but this requires a written statement.

Although the patient’s, their guardian’s, or legal representative’s consent is required for medical intervention, according to Paragraph 7 of Article 24, in emergency situations where the patient’s life is at risk and they are unconscious, or if the patient faces the risk of losing an organ, consent is not required.

Finally, there are two important points regulated in the regulation that should be mentioned: the consent form and the scope of consent. The consent form is a document that most of us are familiar with. It is a form prepared by the hospital in two copies, and when signed by the patient, it indicates that they accept the treatment.

The scope of consent is regulated in Article 31, stating that the medical intervention must be within the limits of the patient’s consent. However, if the procedure needs to be extended during the intervention and failure to extend it could lead to the loss of an organ, the medical intervention may be expanded without seeking further consent.

In conclusion, treatment is dependent on the patient’s consent, and the medical intervention must be within the boundaries of that consent. The manner in which consent is obtained is also crucial. The patient must be adequately informed, and the consent form should be signed under appropriate conditions after the information has been provided. Otherwise, there could be a violation of rights and potential liability for damages.

Av. Şefik ZİROĞLU & Öğr. Yasemin TOPSAKAL