Health law · Legal information

Which Line Is Read When an Indictment Is Served on the Physician?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

When an indictment is served on the physician, the act, the date, and the name of the charged provision are read from the paper. The article number is not memorised from this text. If the number is written on the paper, that figure is read. If it is not written, the blank line is not filled. Service is not an acquittal or a conviction.

The act and the date are the sentence on the paper

The indictment writes the events that form the charged offence. The place, the date, and the time span of the event are shown on the paper. The physician reads the name of the intervention from this sentence. If the date line is blank, a remembered day of intervention is not written. If more than one act stands one under the other, each line stays separate. If the lines are not tied to a single act, a tie is not built. If a place name is not written, the place is not completed with the address of the institution where the physician worked. If an institution name is written, the name that is written is read. The name of another branch is not added if it is not in the sentence.

The date the complaint was made may also be a separate line on the paper. That line does not have to be the same as the date of the event. If the two dates are different, the difference is not closed. The complaint line does not teach how the patient's petition will be written. The patient's route is in the article a complaint process against a doctor. This text does not build that petition. If a copy of the petition is annexed to the indictment, the annex does not stand in for the sentence of the act. The act stays as the event sentence written in the indictment.

The date the indictment was drawn up is not the date of the offence. If the date of drawing up stands at the end of the paper, it is read from there. If the offence date is blank and the date of drawing up is full, the full date is not carried as the day of the offence. The court's principal number may appear on a separate cover after the acceptance of the indictment. This number does not stand in for the investigation number. If there is no acceptance writing, a principal number is not assumed to exist. If a separate paper relating to the return of the indictment stands, that paper is not the indictment that was served itself. The return paper writes its own result. If there is no result line, the indictment is not treated as having gone back. This page does not build a return petition.

If the capacity of defendant stands beside the physician's name on the paper, that name is read. If there is more than one defendant, each name is matched with its own sentence of the act. If the matching is not on the paper, it is left as not being there. An act written to one defendant is not copied as the other defendant's act. The name of the complainant, or of the person harmed by the offence, is also read from the line on the paper. If there is no name, the name is not completed from the patient's name in the epicrisis.

The name of the charged provision holds the place of the number

The charged offence, and the statutory provisions to be applied, are shown in the indictment. The physician reads the name of the provision from that line. If the number stands on the line, the number is also read from there. If the line is faint, or is not there, the number is not completed from this page. A number seen in another file is not pasted onto this indictment. If the short name of the provision and the number appear not to agree, the disagreement is not closed. Both are left as they stand on the paper. This text does not write the correct number from memory. It does not write a year of sentence either.

If the charge line carries the names of more than one provision, each name is read separately. One is not used as an abbreviation in the other's place. A name that was not charged is not added by looking at the weight of the event. Weight is not a label this page will build. The qualification, or the statutory name, is read as it is written on the charge line. The name on the line is not changed for a heavier or a lighter name seen in another file. The change is not a defence sentence in this text either. The physician reads the name the paper wrote. The statement to be said against the name is not built here. The name on the charge line does not stand in for the separation of complication and medical error. That separation is in the article complication or medical error. The frame of a medical practice error is under medical malpractice. The two articles do not change the name of the charge on the paper. The name of the charge is not a judgment that fault was found either. The charge is the name of the accusation. It is not a judgment.

The piece of service is not news

The indictment is served on the defendant together with the summons paper. The piece of service carries the day the paper was notified. While there is no piece, news that "the indictment came out" is not counted as service. A notification made by telephone, fax, or electronic mail does not carry the results of the summons paper. The address and the addressee are read on the piece. If the address belongs to the institution and the physician's name is not on the piece, service on this physician is not assumed to exist. If there is a separate piece that went out to the physician, that piece is read. If the date on the piece and the date the indictment was drawn up are different, the two dates stand separately. This text does not write a day in between.

If the summons paper does not stand together with the indictment, it is left incomplete. The incompleteness is not filled by remembering the hearing day. If the hearing day is written in the summons, the day that is written is read. If it is not written, a day is not added. The court name in the summons is separate from the prosecution-office name in the indictment. The two authorities are not mixed. The prosecution number does not stand in for the court's principal number.

Service also shows which page of an indictment made up of more than one page the physician received. If the page count is on the piece, it is read. If there is no count on the piece, the page in hand is not completed as the full text. A missing page is not read as if a charge name existed in a place where the charge name is not. If the charge name stands on the page in hand, that page is enough. If it does not stand, the gap does not close. A line erased on a photocopy is not filled because it stands on the original. Before the original is seen separately, a faint line is not counted as an open line.

News of acceptance is not a judgment

With the acceptance of the indictment, the trial stage begins. News of acceptance does not stand in for the piece of service. If the acceptance writing does not stand in the file, acceptance is not drawn from the service. Service makes the act, the date, and the name of the charge visible. A judgment is not built with this visibility. This text does not build a promise of acquittal. It does not build a conviction either. The trial having begun does not mean the compensation file was opened, or was closed.

The general separation of the criminal file and the compensation file is in the article criminal proceedings and compensation. This text does not build that separation from the start. What is built is the act, the date, and the name of the charge on the page that was served. The request in the compensation petition does not change the charge line of the indictment. The charge line does not write the head of the request either. There is no amount on this page.

A medical record on the list is not a judgment

The evidence of the offence is shown in the indictment. If the epicrisis, the consent, or the minutes stand on the list by name, that name is read. A record that is not on the list is not treated as added later. A record that stands on the list is not the judgment itself either. The order of the list does not show the weight of the record. A sequence number is not read in this text as a degree of fault. If the annexes do not stand inside the envelope, the name appearing on the list does not mean the annex is in the physician's hand. If the annex in hand and the name on the list are different, the difference is not closed.

Later correcting a line in the record, or doing away with a document, is not the subject of this article. If the name of the expert report appears on the list, the name is read. The result of the report is not treated as having changed the charge name of the indictment. If the report is not in hand, the result is not guessed from the list. The statement minutes standing on the list does not mean this page will write a statement sentence. The statement text is not built here.

If the defendant's identity information is written in the indictment, the line that is written is read. If the place of duty on the line and the place where the act took place are different, the difference is not closed. The place of duty does not stand in for the place of the act. The place of the act does not tie every duty of the physician to the same event either. If the tie was built on the paper, it is read. If it was not built, this text does not build a tie. A tie that is not built is not written as the sentence of the defence either. The physician separates the three lines on the page that was served. The separation is not the draft of the word to be said in court.

If a signature and the prosecutor's name stand at the end of the indictment, that line is read. If there is no signature, it is left as not being there. A copy that appears unsigned is read together with the page count on the piece of service. The piece shows that the copy was served. If the missing page of the copy is fewer than the count written on the piece, the gap does not close. An extra page is not treated as having changed the charge name either. The charge name stays on its own line again. This line is not turned into a sentence of acquittal or conviction.

Conclusion

The physician separates, in the indictment that was served, the act, the date, and the name of the charged provision. The number is read from the paper. Service is not a judgment. News of acceptance does not stand in for the piece of service. The frame is on the health law page. If the piece of service stands, the assessment is made on that page through contact. The basis is the indictment and service provisions of the Criminal Procedure Code numbered 5271.

Legislation

Frequently asked questions

What are the first three lines looked at in an indictment served on the physician?

The sentence of the act, the date of the event, and the name of the charged provision as written on the paper. The number is read as it stands on the paper. If there is no number, this text does not add a number.

Is the number of the charged provision completed from a provision that is remembered?

It is not completed. The statutory provision to be applied is shown in the indictment. The name and the number are on that line. A faint or blank line is not filled with a number memorised from another file.

Is the service of the indictment an acquittal or a conviction?

It is neither. Service shows the physician the act, the date, and the name of the charge. A judgment is not built in the margin of this paper. This text does not build a promise of acquittal.

Is news by telephone that "the indictment came out" counted as service?

It is not counted. The indictment is served together with the summons paper. A notification made by telephone, fax, or electronic mail does not carry the results of the summons paper. While there is no piece of service, service is not assumed to exist.

Is the epicrisis on the evidence list the judgment itself?

It is not. The list is the breakdown of the records shown as the basis. If the epicrisis stands on the list, it stands. Later changing a line in the record, or doing away with a document, is not the subject of this article.

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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