Patient rights stem from the fundamental right to life and encompass the right of all individuals in society to access healthcare services without discrimination. The concept of patient rights has evolved in parallel with the recognition of human rights both in our country and worldwide.

Article 2 of the European Convention on Human Rights states: “Everyone’s right to life shall be protected by law,” which emphasizes the importance of this issue internationally. It aims to provide guarantees for individuals and imposes an obligation on states to ensure the fulfillment of these rights in domestic law.

The reflection of the internationally guaranteed right to life in our domestic law is primarily outlined in the Constitution. Article 17/1 states, “Everyone has the right to live, protect and improve their material and spiritual existence,” and Article 56/3 provides that “The state shall ensure that everyone can continue their life in physical and mental health and regulates the planning and provision of health services through public and private health institutions, overseeing them to increase human and material efficiency and cooperation.”

According to Article 4/1 of the Patient Rights Regulation, a patient is defined as “individuals in need of healthcare services,” and patient rights are expressed as rights that individuals possess simply due to their humanity, protected by the Turkish Constitution, international agreements, laws, and other regulations.

General information about patient rights is outlined under the following headings:

1. The Right to Access Healthcare Services

The right to access healthcare services includes the following rights:

• The right to benefit in accordance with justice and fairness.
• The right to request information.

Article 7 of the Patient Rights Regulation states: “A patient can request information about how they can benefit from healthcare services. This right includes learning about which healthcare institution to choose under what conditions, what services and facilities are provided by healthcare institutions, and the procedures for utilizing the services offered by the institution.”

• The right to choose and change healthcare institutions: While a patient can change the healthcare institution, it is limited by factors such as whether the change poses a risk to life or worsens the patient’s condition, and the doctor must inform the patient about these risks.
• The right to know, select, and change medical personnel.
• The right to request the determination of priority in treatment.
• The right to appropriate diagnosis, treatment, and care according to medical requirements.

2. The Right to Information About Health Condition

Another essential patient right is the right to receive information about their health condition. According to this right, the patient must be informed about the possible causes of their illness, its probable course, who will perform the medical intervention, where, how, and the estimated duration of the procedure, other diagnostic and treatment options, and the potential benefits and risks of each, as well as potential complications and consequences in case of refusal.

The patient has the right to be fully informed on these issues. The doctor’s obligation to provide this information is a consequence of the patient’s constitutional right to “determine their own future.” It is also a necessary condition for the validity of consent to medical intervention. Thus, the information should be provided before the patient gives consent.

• The right to review and request correction of medical records.

3. The Right to Privacy

The patient must share personal information with the treating institution and healthcare providers before, during, and after treatment. Therefore, respect for the patient’s privacy must be ensured. If disclosing certain information may harm the patient, the information must be shared for legally and morally valid reasons, thus avoiding legal and criminal liability. As in other professions, there must be a trust relationship between the doctor and the patient.

4. Other Rights

These rights are regulated under the right to petition, file complaints, and take legal action. If a patient’s rights are violated, they have the right to petition, complain, and file lawsuits.

The existence of these legal options ensures that healthcare professionals perform their duties more carefully.

In conclusion, patient rights are regulated in the legal framework outlined above, and it is crucial not to disregard these rights, especially the right to life. Healthcare providers must act protectively when performing medical procedures, ensuring they show the necessary attention and care.

Av. Şefik ZİROĞLU – Av. Şeyma OSKAY