COURSE INTRODUCTION AND APPLICATION INFORMATION


Course Name
Health Law
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
LAW 325
Fall/Spring
3
0
3
5
Prerequisites
None
Course Language
English
Course Type
Elective
Course Level
First Cycle
Mode of Delivery -
Teaching Methods and Techniques of the Course
Course Coordinator
Course Lecturer(s)
Assistant(s)
Course Objectives The aim of this course is to examine the duties and responsibilities of State and the health professionals and special cases in practice within the scope of right to health as a basic social right.
Learning Outcomes The students who succeeded in this course;
  • Define right to health within the scope of the right to live, and duties of social state to provide it
  • Describe the regulations about health within the international and national sources besides Constitution comparatively,
  • Examine patients’ rights as a part of the right to health in relation with ethics(deontology) of medical professionals
  • Explain the rights and obligations of the patient and the physican arising from contract of healthcare(treatment)
  • Discuss about the importance of the informed consent and confidentiality obligation
  • Define legal and criminal responsibilities of physician and private or public healthcare institutions, within the frame of administrative responsibility
  • Discuss about the conditions for medical intervention and rules for special medical interventions like medical research, transplantation of organ and tissues and prevention of medical reports in relation with the right to integrity of the person.
Course Description The subject matter of this course is to examine the right to health within the scope of the duties of the social state, and the rights of patients and responsibilities of the healthcare professional and institutions about medical intervention in relation with the healthcare contract.
Related Sustainable Development Goals

 



Course Category

Core Courses
X
Major Area Courses
Supportive Courses
Media and Managment Skills Courses
Transferable Skill Courses

 

WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES

Week Subjects Required Materials
1 Social State and “Right to Health” Reading treaties and conventions of United Nations, World Health Organization, European Union and European Council, and reports about implementation of them by countries from websites Constitution of the Republic of Turkey (https://global.tbmm.gov.tr/docs/constitution_en.pdf) Sevinj Jabrayilova-Sh, “Cross-Cutting Issues on The Right To Life in The Context of Law”, Hacettepe HFD, 5(2) 2015, pp.117–138.
2 Historical background of Healthcare, Law and Ethics George Pozgar, Nina Santucci. Legal Aspects of Healthcare Administration,.2015, pp.1-32.
3 Healthcare Ethics George Pozgar, Nina Santucci.Legal Aspects of Healthcare Administration,.2015, pp.35-61. Nuket Ornek Buken; Erhan Buken, “The Legal and Ethical Aspects of Medical Malpractice in Turkey”, 10 Eur. J.Health L. 201 (2003), pp.201-213 (heinonline)
4 Tort Law and Negligence George Pozgar, Nina Santucci. Legal Aspects of Healthcare Administration,.2015, pp.63-78
5 Intentional Torts George Pozgar, Nina Santucci. Legal Aspects of Healthcare Administration,.2015, pp.81-97
6 Criminal Aspects of Healthcare George Pozgar, Nina Santucci. Legal Aspects of Healthcare Administration,.2015, pp.99-123
7 Healthcare Contracts (Contract of Treatment) George Pozgar, Nina Santucci. Legal Aspects of Healthcare Administration,.2015, pp.125-145
8 Physician Liability, Healthcare Institutions liability in relation with administrative responsibility George Pozgar, Nina Santucci. Legal Aspects of Healthcare Administration,.2015, pp.221-256. Constitution of the Republic of Turkey (https://global.tbmm.gov.tr/docs/constitution_en.pdf)
9 Midterm
10 Patients’ Rights and Responsibilities George Pozgar, Nina Santucci. Legal Aspects of Healthcare Administration,.2015, pp.453-469. World Health Organization, Patients’ Rights, http://www.who.int/genomics/public/patientrights/en/
11 Informed consent, confidentiality obligation, and legal reporting requirements, and medical records George Pozgar, Nina Santucci. Legal Aspects of Healthcare Administration,.2015, pp.325-380
12 The conditions for medical intervention And right to integrity of the person Constitution of the Republic of Turkey (https://global.tbmm.gov.tr/docs/constitution_en.pdf
13 Special medical issues like medical research, transplantation of organ and tissues, abortion and euthanasia etc. George Pozgar, Nina Santucci. Legal Aspects of Healthcare Administration,.2015, pp.381-451
14 Presentations
15 Presentations
16 Final Exam
Course Notes/Textbooks

George Pozgar, Nina Santucci. Legal Aspects of Healthcare Administration,.12th edition, Jones and Barlett Learning, 2015.

 

Suggested Readings/Materials

Asbjorn Eide. Economic and Social Rights, (http://www.corteidh.or.cr/tablas/r28245.pdf)

S. Matthew Liao. Health (care) and human rights: a fundamental conditions approach. (https://link.springer.com/content/pdf/10.1007%2Fs11017-016-9373-9.pdf)

Sevinj Jabrayilova-Sh, “Cross-Cutting Issues on The Right To Life in The Context of Law”, Hacettepe HFD, 5(2) 2015, pp.117–138 (http://www.hukukdergi.hacettepe.edu.tr/dergi/C5S2makale5.pdf)

Treaties and conventions of United Nations, World Health Organization, European Union and European Council, and reports about implementation of them by countries from websites,

Halit Yılmaz, “Realizing Social And Economic Rights: The Example of Judicial Attitudes Towards The Rationing of Healthcare in Turkey”, Hacettepe HFD, 6(1) 2016, 47–62 (http://www.hukukdergi.hacettepe.edu.tr/dergi/C6S1makale2.pdf);

Murat Tumay, “The Analyse Of Nature And Implementation Of Economic, Social And Cultural Rights And Civil And Political Rights In International Human Rights Law”, Selçuk Üniversitesi Hukuk Fakültesi Dergisi, Cilt 21, Sayı 1, Yıl 2013 https://doi.org/10.15337/SUH.2017.56

(http://dergipark.gov.tr/download/article-file/262814)

E.Aydın, “Rights of patients in developing countries: the case of Turkey”, Journal of Medical Ethics, V.30,Issue.6, 2004 http://dx.doi.org/10.1136/jme.2003.005819, https://jme.bmj.com/content/medethics/30/6/555.full.pdf ;

Nuket Ornek Buken; Erhan Buken, “The Legal and Ethical

Aspects of Medical Malpractice in Turkey”, 10 Eur. J.

Health L. 201 (2003), pp.201-213(heinonline)

 

EVALUATION SYSTEM

Semester Activities Number Weigthing
Participation
1
10
Laboratory / Application
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Oral Exam
Midterm
1
30
Final Exam
1
60
Total

Weighting of Semester Activities on the Final Grade
2
40
Weighting of End-of-Semester Activities on the Final Grade
1
60
Total

ECTS / WORKLOAD TABLE

Semester Activities Number Duration (Hours) Workload
Course Hours
(Including exam week: 16 x total hours)
16
3
48
Laboratory / Application Hours
(Including exam week: 16 x total hours)
16
Study Hours Out of Class
16
3
48
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Oral Exam
Midterms
1
20
Final Exams
1
35
    Total
151

 

COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP

#
Program Competencies/Outcomes
* Contribution Level
1
2
3
4
5
1

To be able to possess the knowledge in legal terminology, concepts and principles.

X
2

Solves the legal problems with an analytic and integral point of view.

X
3

Evaluates the legal knowledge and abilities obtained with a critical approach.

X
4

Evaluates the developments in legal theory and practice by monitoring local, international and interdisciplinary dimensions.

X
5

Is conscious of social, professional and scientific principles of ethic behaviour.

X
6

Takes responsibility in solving problems by creative and innovative thinking.

X
7

Interprets the sources of law by ways of legal methodology.

X
8

To be able to interpret the legal norms with a sense of justice respectful to human rights and in the light of principles of democratic, secular and social state of law.

X
9

To be able to use the daily scientific sources and court judgments in the framework of life time learning approach.

X
10

Informs the related persons and institutions about legal matters both verbally and in written.

X
11

Monitors the daily legal information/court decisions and interacts with the colleagues in a foreign language  (“European Language Portfolio Global Scale” Level B1).

X
12

Uses the information and communication technology together with the computer programs in a level required by the area of law (“European Computer Driving Licence, Advanced Level”).

X

*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest