Patient Rights

Article 6 — Utilization in Accordance with Justice and Fairness

The patient has the right to benefit from health services according to their needs, including activities aimed at promoting healthy living within the principles of justice and fairness, as well as preventive health services. This right also includes the obligation of all institutions and organizations providing health services, as well as personnel involved in health services, to provide services in accordance with the principles of justice and fairness.

Article 7 — Requesting Information

The patient may request information on how to benefit from health services. This right also includes learning from which health facility and under what conditions services can be accessed, what types of services and opportunities are provided by health institutions and organizations, and the procedure for utilizing the health services provided at the institution applied to.

All health institutions and organizations are obliged to establish a unit equipped with sufficient technical capacity to inform the patient in accordance with the first paragraph; in this unit, they must employ personnel permanently who have the qualifications and competence to provide accurate and adequate information to the patient, and take measures such as providing informative signs, brochures, and markers at appropriate locations of the institution to ensure that the patient can easily access the units they need.

Article 8 — Choosing and Changing the Health Institution

The patient has the right, provided that the procedures and conditions prescribed by the applicable legislation are followed, to choose a health institution and to benefit from the healthcare services provided at the health institution they select.

The patient may change the healthcare facility provided that it complies with the referral system determined by the legislation. However, it is fundamental that the patient be informed by the physician regarding whether changing the facility may cause a life-threatening situation or whether the illness may worsen, and that there is no medical objection to changing the healthcare facility due to a life-threatening situation.

Except in urgent cases, those affiliated with any social security institution who do not comply with the referral chain required by legislation cover the resulting fee difference themselves.

In cases where there is no medical benefit to the patient staying at the healthcare facility or transfer to another healthcare facility is necessary, the situation is explained to the patient or to the persons referred to in the second paragraph of Article 15. Before the transfer, the necessary information is provided to the requested or medically appropriate healthcare facility by the referring institution or authorities designated by the legislation. In both cases, it is essential that the service is provided without disruption and continuously.

Article 9 — Knowing, Selecting, and Changing the Personnel

Upon the patient's request, information about the identities, roles, and titles of the physicians and other staff who will provide or are providing health services to them is given.

Provided that the procedures stipulated by the legislation are followed, the patient has the right to freely choose the personnel who will provide healthcare services to him/her, to change the physician responsible for treatment, and to request consultations from other physicians.

When the rights to choose personnel, change the physician, and request consultation are exercised, the fee difference determined by the legislation is borne by the patient who uses these rights.

Article 10 — Requesting Determination of Priority Order

In cases where the demand for healthcare services cannot be met on time due to the insufficient or limited service capabilities of the healthcare institution, the patient has the right to request that their priority be determined based on medical criteria and objectively.

In determining the order of priority for emergency and forensic cases as well as the elderly and disabled, the relevant provisions of the legislation shall apply.

Article 11 — Diagnosis, Treatment, and Care in Accordance with Medical Necessities

The patient has the right to request the diagnosis, treatment, and care in accordance with the requirements of modern medical knowledge and technology.

Diagnosis and treatment cannot be made in violation of the principles of medicine and the provisions of the legislation related to medicine or in a deceptive nature.

Article 12 — Prohibition of Intervention Outside of Medical Necessities

Nothing that could cause death or life-threatening situations, violate bodily integrity, or reduce mental or physical resistance can be done or requested without the aim of diagnosis, treatment, or prevention.

Article 13 — Prohibition of Euthanasia

Euthanasia is prohibited.

Under no circumstances, including medical reasons, can the right to life be waived. Even at the request of the individual or another person, no one’s life can be ended.

Article 14 — Exercising Medical Diligence

Personnel shows the medical care required by the patient's condition. Even if it is not possible to save the patient's life or protect their health, it is mandatory to try to reduce or relieve their suffering.

Article 15 — Requesting Information in General

The patient has the right to request information verbally or in writing about their health status, the medical procedures to be applied, their benefits and potential risks, alternative medical intervention methods, the probable outcomes if the treatment is not accepted, and the course and results of the disease.

The necessary information regarding the health condition can be requested by the patient themselves, or if the patient is a minor or lacks or has limited legal capacity, by their guardian or trustee. The patient may also authorize another person to receive information about their health condition. When deemed necessary, documentation of the authorization may be requested.

The patient may receive information about their health condition from a physician other than the one responsible for their treatment.

Article 16 — Reviewing Records

The patient may examine the file and records containing information about their health condition, either directly or through their proxy or legal representative, and can obtain a copy. These records can only be seen by those directly involved in the patient's treatment.

Article 17 — Requesting the Correction of Records

The patient may request that incomplete, unclear, or incorrect medical and personal information in the records held by health institutions and organizations be completed, clarified, corrected, and made appropriate to their final health and personal status.

This right also includes the right to object to reports regarding the patient's health status and to request the preparation of a new report regarding the health status at the same or another institution.

Article 18 — Procedure for Providing Information

Information is provided, when necessary using an interpreter, in a way that the patient can understand, without using medical terms as much as possible, without leaving room for hesitation or doubt, and in a manner that is appropriate to the patient's mental state and courteous.

Article 19 — Cases Where Providing Information Is Not Permissible and Measures Must Be Taken

In cases where there is a possibility of the disease worsening due to adversely affecting the patient's spiritual state, and where the course and outcome of the disease appear serious, it is permissible to withhold the diagnosis.

Whether information about the patient's health condition is given to the patient or their relatives is subject to the discretion of their physician within the framework of the conditions specified in the above clause.

An incurable diagnosis can only be made felt or communicated to the patient by a physician and with complete caution. If the patient does not request otherwise or the person to whom it is to be disclosed is not determined in advance, such a diagnosis is reported to his family.

Article 20 — Prohibition of Providing Information

Except in cases where the measures to be taken by the competent authorities according to the relevant legislation provisions and the nature of the disease require otherwise; the patient may request that information about their health condition not be given to themselves, their family, or close relatives.

Article 21 — Respect for Privacy

It is essential that the patient's privacy is respected. The patient may also explicitly request the protection of their privacy. Any medical intervention is carried out in a manner that respects the patient's privacy.

Respect for privacy and the right to request this;

• That medical evaluations concerning the patient's health condition are conducted confidentially,
• Ensuring that the examination, diagnosis, treatment, and other procedures that require direct contact with the patient are carried out in a reasonable setting of privacy,
• In medically safe situations, the presence of a close relative is allowed,
• Persons who are not directly related to the treatment should not be present during the medical intervention,
• Not interfering with the patient's personal and family life unless the nature of the disease requires it,
• It includes keeping the source of health expenditures confidential.

The event of death does not grant the right to violate privacy.

In health institutions and organizations where training is provided, if it is necessary for those not directly involved in the patient's treatment to be present during medical intervention, the patient's separate consent is obtained in advance or during the treatment.

Article 22 — Not Being Subjected to Medical Surgery Without Consent

Except for the exceptions specified in the law, no one can be subjected to medical surgery without their consent and in a manner inconsistent with the consent given.

In cases where a person suspected of committing or participating in a crime is believed to have probable evidence of the crime on their own body or on the victim's body; subjecting the defendant or the victim to a medical operation to uncover this evidence depends on the judge's decision.

In cases where delay poses a risk, this procedure can be carried out upon the request of the public prosecutor.

Article 23 — Confidentiality of Information

Information obtained due to the provision of health services cannot be disclosed in any way, except in cases permitted by law.

Even if it is based on the person's consent, the disclosure of information in situations that result in the complete renunciation of personality rights, transfer of these rights to others, or excessive limitation of these rights does not relieve the discloser of legal responsibility.

Disclosure of information that may harm the patient without a legally and morally valid and justified reason also entails the legal and criminal responsibility of the personnel and other individuals.

In activities conducted for research and educational purposes, the patient's identity information cannot be disclosed without their consent.

Article 24 — Patient Consent and Permission

Patient consent is required for medical interventions. If the patient is a minor or legally incapacitated, permission is obtained from their guardian or custodian. In cases where the patient, guardian, or custodian is not present or cannot be located, or the patient is unable to express themselves, this requirement does not apply.

In cases where consent is not given by the legal representative, if medical intervention is necessary, medical intervention on a patient under custody or guardianship is subject to a court decision in accordance with Articles 272 and 431 of the Turkish Civil Code.

If obtaining permission from the legal representative or the court would take time, and if immediate intervention is not made, the patient's life or one of their vital organs would be threatened, the requirement for permission is not sought.

Except for the emergencies mentioned above that threaten life or any of the vital organs, consent can always be withdrawn.

Withdrawal of consent means that the patient refuses the treatment.

Withdrawal of consent after the intervention has begun is only conditional on the absence of medical contraindications.

Article 25 — Refusal and Discontinuation of Treatment

Except in legally mandatory situations and with the responsibility for possible adverse outcomes resting with the patient; the patient has the right to refuse or request the discontinuation of the treatment that is planned to be applied or is being applied. In this case, the consequences of not administering the treatment must be explained to the patient or their legal representatives or relatives, and a written document indicating this must be obtained.

The exercise of this right cannot be used against the patient when the patient reapplies to the healthcare facility.

Article 26 — The Participation of a Minor or a Protected Person in Medical Intervention

Even in cases where the consent of the legal representative is required and sufficient, the medical intervention is carried out by involving the minor or incapacitated patient as much as possible by listening to them.

Article 27 — Application of Unusual Treatment Methods

When it is established as a result of clinical or laboratory examinations that known classical treatment methods will not benefit the patient, and their beneficial effects have been understood through sufficient experience on experimental animals, and the patient consents, another treatment method may be applied instead of the known classical treatment methods. In addition, for a method other than the known classical treatment method to be applied, it is also required that it is probable to be beneficial to the patient and that this treatment will not give worse results than the known classical treatment methods.

A medical treatment and intervention method that has not been previously experienced can only be applied if it is absolutely foreseen that it will not cause harm and will save the patient.

The provisions set forth in Chapter Six are reserved.

Article 28 — Form and Validity of Consent

Except for the exceptions envisaged by the legislation, consent is not subject to any form.

Consent obtained in violation of law and morals is invalid, and interventions cannot be carried out based on such consent.

Article 29 — Consent in Organ and Tissue Removal

Organs and tissues cannot be taken from individuals under the age of 18 or from those who are not legally competent. Obtaining organs or tissues from individuals who meet these conditions for diagnostic, therapeutic, and scientific purposes is subject to the written form requirement specified in Article 6 of Law No. 2238 on the Removal, Preservation, and Transplantation of Organs and Tissues. The provisions of Article 14 of Law No. 2238 regarding the conditions for taking organs and tissues from the deceased and the preservation of corpses for scientific research remain reserved.

Article 30 — Family Planning Services and Termination of Pregnancy

Whether or not the consent of the person concerned is present, drugs and tools other than those determined by the Ministry cannot be used in family planning services.

Termination of pregnancy is subject to the conditions stipulated in Law No. 2827 on Population Planning.

In cases of sterilization and termination of pregnancy, the consent of the patient's spouse is also required if married, in addition to the patient's consent.

Article 31 — Scope of Consent

It is essential that the patient or their legal representative is informed and enlightened about the subject and consequences of the medical intervention when obtaining consent.

The patient's consent for the medical intervention to be applied also covers other medical procedures required by this intervention. However, maximum care is taken in the implementation of medical procedures to ensure that the rights specified in this Regulation and other legislation are not violated.

Article 32 — Consent in Medical Research

No one; without the permission of the Ministry and their own consent, can be subjected to any medical intervention for the purposes of experience, research, or education.

The expected medical benefit and public interest from medical research cannot be considered superior to the life and bodily integrity of the volunteer who consents to participate in the research.

Medical research is conducted only by personnel who do not participate in the research, have the necessary and sufficient medical knowledge and experience, and in places determined by regulations.

The volunteer's consent to participate in medical research does not absolve the responsibility of the personnel involved in this research.

Article 33 — Protection and Information of the Volunteer

In research, all necessary measures are taken to ensure that the volunteer's health and other personal rights are not harmed. If the possible harm that the research may cause to the volunteer cannot be determined in advance; the research cannot be conducted on the volunteer even if they give consent.

The volunteer is adequately informed in advance about the purpose, procedure, potential benefits and harms of the research, and that they can withdraw from participating and revoke the consent they initially gave at any stage of the research.

Article 34 — Procedure and Form of Obtaining Consent

The consent of a volunteer who is sufficiently informed about medical research is taken with utmost care, based entirely on their free will, without any material or moral pressure.

Consent in medical research is subject to the requirement of written form.

Article 35 — The Situation of Minors and Those Lacking Legal Capacity

Medical interventions aimed solely at medical research, without benefiting the adult or non-competent person, cannot be applied under any circumstances. Medical research on adults and non-competent persons, provided it is beneficial, depends on the consent of their parents or guardians.

In cases where consent is not given by the legal representative, the provision of the second paragraph of Article 24 shall apply.

Article 36 — Use of Drugs and Formulations for Research Purposes

Even if permission or a license has been obtained according to special legislation, no drug or compound may be used on a patient solely for medical research purposes without the patient's consent and the Ministry's permission.

The use of drugs and compounds in medical research is subject to the provisions of the Regulation on Drug Research published in the Official Gazette dated 29/11/1993 and numbered 21480.

Article 37 — Ensuring Security

Everyone has the right to expect and demand to be safe in health institutions and organizations.

All health institutions and organizations are obliged to take the necessary measures to protect and ensure the safety of patients and their relatives or accompanying persons, including their life and property.

Provisions of special legislation regarding the custody of detainees and convicts in health institutions are reserved.

Article 38 — Ability to Fulfill Religious Duties and Benefit from Religious Services

To the extent of the facilities of healthcare institutions, measures are taken to allow patients to freely perform their religious obligations.

In order not to cause disruptions in institutional services, not to disturb others, and not to interfere in any way with medical treatment organized and carried out by the staff, religious officials in accordance with the patients' religious beliefs are invited upon request to provide religious advice and support them spiritually. For this purpose, appropriate times and places are determined in healthcare institutions and organizations.

For patients in agony who are not able to express themselves and whose religious belief is known and who are alone, a religious official corresponding to their religious belief shall be called without requiring a request.

How and when these rights will be exercised and the measures to be taken in this regard are additionally regulated in the legislation showing the working procedures and principles of the healthcare institution.

Article 39 — Respect for Human Values and Visitation

The patient has the right to benefit from health services in a manner and environment that respects their personal values.

All personnel working in health services are required to act towards patients, their relatives, and visitors in a friendly, polite, compassionate manner and in accordance with the regulations related to health services and the provisions of this Regulation.

At every stage of health services, patients are provided with necessary and sufficient information about which procedure is being done or will be done, why and how it is being done, and if there is any waiting involved, the reasons for the waiting, considering their physical and mental conditions.

In healthcare institutions, it is essential to ensure all necessary hygienic conditions appropriate to human dignity and to eliminate noise and all other disturbing factors. If necessary, these matters can be requested by the patient.

Acceptance of patient visitors is carried out in accordance with the procedures and principles determined by the institution or organization, in a manner that will not disturb the peace and tranquility of patients, and necessary measures are taken in this regard.

Article 40 — Accompanying Person Requirement

To assist the patient during examination and treatment; to the extent permitted by legislation and the institution's means and as required by the patient's health condition, a companion may be requested to be present depending on the judgment of the physician responsible for the treatment.

How and when this right will be exercised and the measures to be taken in this regard are additionally regulated in the legislation showing the working procedures and principles of the healthcare institution.

Article 41 — Provision of Services Outside Health Institutions and Organizations

Patients can also benefit from health services in their locations under the following circumstances:

• In the provision of preventive health services,
• In cases where it is not possible to personally go or take someone to a healthcare facility for medical reasons,
• In extraordinary situations such as natural disasters.

The procedures and principles regarding the provision of services outside the health institution are regulated separately by the Ministry.

Recently, alongside patient rights, the concept of "Patient Responsibility" has also emerged. The content and scope of this concept have not yet been established. However, in general, it can be described as the duties and obligations that a patient must fulfill before applying to a healthcare institution and during the process following their application. It is possible to categorize the responsibilities of the patient. In short, we can list them in points:

1. General Responsibilities

• 1.1. Individuals should do their best to take care of their own health and follow the recommendations given for a healthy life.
• 1.2. If appropriate, a person may donate blood or organs.
• 1.3. In simple situations, individuals should take care of their own care.

2. Social Security Status

• 2.1. The patient is obliged to report any changes in their health, social security, and personal information in a timely manner.
• 2.2. The patient is obliged to have their health card (such as Bağ-Kur, Green Card) validated on time.

3. Informing Healthcare Workers

• 3.1. The patient must provide complete and accurate information about their complaints, any illnesses they have had before, whether they have received any inpatient treatment, the medications they are currently using if any, and all information related to their health.

4. Compliance with Hospital Rules

• 4.1. The patient must comply with the rules and practices of the healthcare institution they visit.
• 4.1. The patient must comply with the referral chain determined by the Ministry of Health and other social security institutions.
• 4.2. It is expected that the patient cooperates with healthcare workers during the treatment, care, and rehabilitation process.
• 4.3. If the patient is benefiting from a healthcare facility that provides services by appointment, they must comply with the date and time of the appointment and notify the relevant place of any changes.
• 4.4. The patient must respect the rights of hospital staff, other patients, and visitors.
• 4.5. The patient is responsible for compensating any damages they cause to hospital materials.

5. Following the Recommendations Regarding Their Treatment

• 5.1. The patient should carefully listen to recommendations regarding treatment and medications and ask about any parts they do not understand.
• 5.2. If the patient is unable to comply with treatment recommendations, they must inform the healthcare provider.
• 5.3. The patient needs to indicate whether they have correctly understood the healthcare and post-discharge care plan as expected.
• 5.4. The patient is responsible for the consequences of refusing the proposed treatment or not following recommendations.