Health law · Legal information

Who Brings the Action When the Patient Dies?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

When the patient dies, the heirs may, as a rule, continue the action for the harm the patient suffered. The relatives' own loss of support is another item, and the two are not the same amount. Death does not of itself show that the treatment was faulty. Who the defendant is, is read from the question of whether the hospital is public or private. This record does not write a share amount or a period, and the question of who brings the action does not close before the certificate of inheritance and the treatment note stand side by side.

The two claims are not the same petition

Treatment costs and bodily harm that arose in the patient's lifetime pass to the estate on death. The heirs may claim this according to the inheritance share. The item a spouse or a child claims in his or her own name for loss of support is not a copy of this share. The general frame of that item sits under loss of support, and which headings are discussed in malpractice sits under heads of compensation. The frame of the route in a public hospital sits under compensation in a public hospital, the separation of the opponent sits under against whom the action is filed, and from where the period runs sits under limitation. A number of days is not repeated here.

The opponent is read from the kind of institution

In a public hospital the opponent is the administration. In a private hospital the operator and the physician may carry separate capacities. Being an heir does not of itself change the opponent. The certificate of inheritance shows who the heir is; it does not write that the treatment was faulty. The petition is written without melting the two capacities in a single sentence. The decision is not made before it is seen whether the institution is public or private, and the office address does not choose the opponent.

What is separated in the death file

The certificate of inheritance, the discharge summary, and the autopsy minutes if there are any, are read together. An Ankara lawyer separates from this document that the office being in Çankaya does not change the competent authority. There is no amount and no period under this heading either, because the share is read from the inheritance document and the period from a separate record, and the two are not frozen here.

The death document does not write fault

The burial document does not write that the treatment was faulty. The discharge summary, the autopsy if there is one, and the earlier note are read side by side. If there is no autopsy, the debate about the cause of death may weaken. The absence is not an acceptance of fault, and a missing set of minutes is not completed by a guess. Which document stands in the annex to the application is chosen before the draft of the decision. An invoice may show the name of the procedure that was done, but it is not put in the place of the cause of death. The petition does not join, on the same line, the relatives' loss of support and the claim that passed to the patient's estate.

The question of who brings the action is built from the document

Heirship is read from the names on the certificate of inheritance, and a person who is not on the document is not treated as having brought the action of himself by an account of kinship. The person who claims loss of support writes his own capacity separately. The two claims may stand in the same petition; they are not melted as the same amount. From which day the period runs is not a number in this record. The decision is not made before the treatment note and the certificate of inheritance stand side by side. A missing annex is not treated as completed with an amount remembered later, and a statistic is not written in the place of this gap.

If there is more than one heir, each writes his own share in the capacity on the certificate of inheritance. The amount of the share is not produced here. A person whose name is not on the document is not treated as having brought the action of himself by an account of kinship. A spouse may show both the capacity of heir and his or her own loss of support on a separate line. The two lines may stand in the same petition; they are not joined as the same item. In a public hospital the opponent is written as the administration. In a private hospital the operator and the physician are named separately. The office address does not make this choice. The burial document writes neither the defendant's name nor an acceptance of fault.

If the discharge summary and the earlier note conflict, the conflicting line stands without being hidden. If there is no autopsy, the debate about the cause of death may weaken, and the absence is not read as an acceptance of fault. Which document stands in the annex to the application is chosen. An invoice may show the name of the procedure; it does not stand in for the cause of death. The day the period runs is not a number in this record. The decision is not made before the certificate of inheritance and the treatment note stand side by side. The petition does not paste the relatives' loss onto the same amount as the claim that passed to the patient's estate.

Conclusion

When the patient dies, the heirs discuss the patient's claim, and the relatives discuss their own loss of support, separately. Not every death opens an action, and the opponent is read from the kind of institution. There is no amount and no period here. The frame sits on the health law page. The basis is Law No. 1219 and Law No. 2577.

Legislation

Frequently asked questions

After the patient dies, does the spouse alone claim every compensation?

No. A claim that entered the patient's estate is discussed according to the inheritance share. The spouse's own loss of support is a separate item. The two are not melted in the same petition.

Does every death open a malpractice action?

No. Death is not a finding of fault. The record, the cause of death, and the treatment are read side by side.

In a public hospital, does the heir also go to the administration?

The opponent is read according to whether the institution is public. This separation is under the heading of against whom the action is filed. The office address does not choose the opponent.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Health law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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