Health law · Legal information

What Is Read in the Record When a Second Opinion Is Asked For?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

When a second opinion is asked for, what is read is whether the request was written into the file. The request does not stop the treatment of its own accord. The Patient Rights Regulation writes that an opinion may be asked from another physician for the same complaint. Which institution will give this opinion is not named in this text. The definition of consent, the list of applications, and information to a relative are in separate records.

In which note the request stands

Article 18 of the Regulation says that the patient may ask to take a second opinion from another physician about the state of health in relation to the same complaint. The sentence does not write that the request stands in a special board or in a centre that has been named. The patient looks at whether this request appears in the physician’s note, in the observation, or on the request paper. If there is a note, the date and the person who wrote it are read. If there is no note, the request is not treated as existing.

This text does not give a name to an internal unit of the institution. If a unit name is written in the file, that name is read. If it is not written, the name is not completed. A name that is not completed does not mean the request was accepted either. Acceptance appears only on a line written as acceptance. If there is no line, the opinion is not treated as taken. If there is a text of the opinion that was taken, the text stands beside the request line. The text does not erase the request. The request does not announce the text as correct of its own accord either.

The patient may ask for a copy of the file under Article 16. The copy does not bring into existence a sentence that is not in the note. If the copy has not come, that it has not come is written. Not coming does not on its own mean the request was refused. If there is a refusal writing, the refusal is read from there.

The treatment order of the same day

The request line does not erase the treatment order of the same day of its own accord. If the order is standing, the order is there. If the request is standing, the request is there. The two are on separate lines. It is not written that the other is absent because one is absent. The Regulation does not say that the treatment will stop when an opinion is asked for. A claim that it stopped is not built without a line that the order was changed or stopped. If there is no line, it is not said that it stopped.

The request paper is not a copy of the second-opinion note. If the order has not changed, the request is not treated as having erased the order. If the order was postponed, the postponement is at its own hour. If there is no hour, the postponement is not treated as having happened at the same moment as the request. The patient holds the date of the request and the day the order continued side by side. If the two dates do not coincide, a coincidence is not invented.

Article 15 says that the other diagnosis and treatment choices, and their benefit and risk, may be explained. The explanation does not on its own show that a second opinion was taken. If there is an explanation note, the note is read. If the note does not carry another physician’s name, that physician is not treated as having given an opinion. A list of choices is not built on this page. An opinion asked for before an operation or a procedure, and an opinion asked for after the procedure, are not the same note. If the date is before the date of the procedure, it is read as before. If it is after, it is read as after. If there is no date, the order is not pasted onto the operation note. The opinion does not make the procedure unlawful of its own accord. Whether the procedure is lawful is not the result of this page. The opinion the second physician wrote can show that the request was accepted. The opinion does not change the first physician’s treatment of its own accord. If the change stands on the new line of the treatment order, it is read from there. If the opinion and the order conflict, the conflict is not closed. The patient separates which text was applied from the chart or from the order. If there is no chart, what was applied is not guessed from the text of the opinion.

Consultation, and changing the physician

Article 9 of the Regulation writes knowing the staff, changing the physician, and asking for the consultation of other physicians. These three are not the short name of the second-opinion sentence in Article 18. A consultation is the physician conducting the treatment asking for an opinion from another physician. Changing the physician is the patient changing the patient’s physician. A second opinion is asking for another physician’s opinion for the same complaint. The fee difference is set by the legislation and is met by the patient who uses these rights. The amount is not here.

Which of the three stands in the file is read from the paper’s own act. If a consultation was asked for, the note of the physician who asked is looked for. If the physician has changed, the new physician’s name is looked for in the admission or outpatient record. If a second opinion was asked for, the patient’s request is looked for. If one is there, the other two are not treated as there as well. If all three are there, the three lines stay separate.

What consent is is in the article on informed consent. This page does not repeat that definition. The signature on the form does not mean a second opinion was asked for. The general list of applications is in the article on patient rights. The second-opinion note is not an item of that list.

If the oral request did not pass onto paper

A sentence said in the corridor is left as absent if it is not in the file. If the patient raises that the patient said it and that it did not pass onto paper, the conflict is the absence of the note. The absence does not mean the request was fulfilled. The absence does not produce an amount either. A note written later does not carry the previous day’s word to that day of its own accord. If there is no hour, an order is not invented. A witness account does not on its own turn the gap in the file into a note. If the account and the paper conflict, the conflict stands in the petition as a conflict.

A sentence said to a relative is not the patient’s second-opinion request. To whom information was given is in the article on information in intensive care. To whom the information went does not show that an opinion was asked from another physician. A transfer to another centre is not the short name of this request either. The transfer line is in the record on a patient who was not referred. The referral form is not pasted in place of the second-opinion note. If the request was written by the patient’s attorney or legal representative, the basis of the representation is looked for in the file. If there is no basis, the request is not counted as the patient’s own request. The representative’s note is read separately if there is a line the patient later expressly adopted. If there is no adoption, the two records are not mixed. If a written request was refused, the ground of the refusal is in its own sentence. If there is no ground, it is left as absent. The refusal does not on its own say that the treatment continued or stopped. The order that continues is looked for separately. Article 18 also says that, outside emergencies, the information will be given by allowing the patient a reasonable time. The period is not written on this page as a day count. A second-opinion request does not mean this period has run of its own accord. If the request and the information stand in the note of the same day, the two are separate sentences. One is not treated as having started the other’s period. If the patient says the patient took an opinion from a physician in another place, and the text of the opinion is not in the file, it is left as absent. If there is a text, the text is read. That the text is binding is not announced in this article. Whether the first institution added this text to the file is understood from the annex annotation. If there is no annotation, it may not have been added. Not being added does not on its own mean the opinion was never taken.

The fee difference is not a figure

The fee difference in Article 9 is for choosing the staff, changing the physician, and a consultation. The amount of the difference is read from the legislation. This page does not put a figure. The second-opinion sentence does not mean that difference arose of its own accord either. If there is an invoice, the invoice is on its own line. If there is no invoice, it is not said that a fee was taken. A claim that it was taken is not built without a receipt or an invoice. The receipt does not on its own show that the request was accepted either. If the receipt and the request note stand side by side, the two are read separately.

An institution name is not invented. A unit that is not written in the file does not explain to whom the fee went either. To whom it went is read from the title on the receipt. If there is no title, the title is not completed.

The information sentence is not the opinion itself

Article 18 carries sentences other than the second opinion as well. The information is given as plainly as possible. The rule is that the patient is informed. Informing someone else is limited to a signed request. These sentences are not a copy of the second-opinion note. If the patient has asked that no one be informed, that request is taken in writing under Article 20. The written request does not erase the second-opinion request. If the two requests stand in the same file, the two are on separate lines.

If the note is in your hands, the reading can be done separately through contact. The reading is not an announcement that the request stopped the treatment. If the patient keeps a copy of the request note, the patient compares the copy with the file copy. If the file copy is shorter, the missing page is marked. The missing page does not mean the request was never written. If there is no copy, only the file copy in the file speaks. If there is no file copy either, the request is not built from an oral account.

The office in Çankaya does not choose the authority the file will go to.

Conclusion

When a second opinion is asked for, what is read is whether the request was written. The request does not stop the treatment of its own accord. A consultation and changing the physician are separate lines. An institution name and a fee amount are not invented. The frame is on the health law page. The basis is Articles 9 and 18 of the Patient Rights Regulation.

Legislation

Frequently asked questions

Does treatment stop of its own accord when a second opinion is asked for?

It does not stop. The Regulation writes that an opinion may be asked from another physician for the same complaint. This sentence does not erase a treatment order that is continuing. If the order has changed, the change is on its own line. If there is no line, it is not said that the treatment stopped.

If the request is not in the file, is it treated as having been said?

No. If there is no note, it is not completed as if the request existed. If the patient raises that the patient said it, the word and the paper conflict. The conflict is read from the absence of that day’s note. A note written later does not carry the previous day’s word to that day of its own accord.

Are a second opinion and a consultation the same line?

They are not. A second opinion is the patient asking for an opinion from another physician for the same complaint. A consultation is the physician conducting the treatment asking for an opinion from another physician. Changing the physician is a third line. The three are not dissolved in a single sentence.

Is there a named board for this matter?

This text does not build a board name or an institution name. The Regulation does not write that the opinion will be taken in a particular unit. If the request stands in the note in the file, it is read from there. A unit whose name is not written is not treated as existing.

Is a fee difference in this article as a figure?

It is not. It is written that the fee difference, when choosing the staff, changing the physician, and asking for a consultation, is set in the legislation and is met by the patient who uses these rights. The amount is not carried onto this page. The second-opinion sentence is not the short name of that amount.

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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