Health law · Legal information

If a Release Is Signed at Discharge, Does the Action Close?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A release signed at discharge does not drop every dispute by itself; the scope of the release sentence in the text is read. A signature does not close the action by itself. Not signing does not win the action by itself either. A release relating to an employment claim is not the subject of this record. The definition of consent is not repeated here either.

What the release sentence names

Article 132 of the Turkish Code of Obligations writes that, even if the transaction that gave birth to the debt was tied to a form, the debt may be removed wholly or in part by a release contract the parties will make without being tied to a form. The scope that is read is the dispute, the item, or the period the sentence names. A dispute that has no name does not enter the sentence by itself. A wide sentence of waiver is not treated as having ended every claim that was not named.

The general name of the items is in the article on heads of compensation. This page does not paste that list onto the release. If an amount is written in the sentence, the amount is read from the sentence. If it is not in the sentence, the amount is not completed. If the sentence says "in part", the part is read from the limit in the text. If there is no limit, a partial release is not treated as having erased the whole dispute. If the sentence says "wholly", the thing called wholly is still the debt the sentence named. A debt that was not named does not enter the word wholly by itself.

If the signature stands under the sentence, that signature is read. If the signature is on another paper, a single release is not built by joining the two papers. A joining is spoken only if the text writes it. Whether the patient, a relative, or a representative put the signature is read from the capacity under it. If there is no capacity, the signature is not treated as the patient's own release. If the power of attorney is not in the file, a representative's release is not completed as if there were authority. A relative's signature is not treated as having erased all the patient's debts while the patient can speak in their own name. That there was no power to speak is read only if it is written in the file. A blank amount box is not filled as if there were an amount. If there is a figure in the box, the figure is read. If the figure appears to have been added later, the addition stands as a conflict with the first text. The conflict is not reduced to a single figure. If there is a witness, the witness's name is read. If there is no witness, the absence does not mean there is no release. The absence does not mean there is a release either. The kind comes out of the sentence.

The discharge paper may not be a release

Sentences of "I received the epicrisis", "I took my belongings", or "I was discharged" are not a release sentence. A release is a sentence that writes that the debt or the dispute was given up. Two signatures can stand on the same paper. The patient looks under which signature the release sentence stands. Taking a copy of the epicrisis is not put in place of the release text. Taking the copy may also be tied, in the regulation, to the treatment plan after discharge being given to the patient. The copy that was given does not write that the debt was erased.

A consent form is not the short name of this paper either. The definition of consent is in the article on informed consent. A form signed before the procedure is not read as the release sentence at discharge. If the form writes that an action will not be brought later, that sentence is read separately with its own date and its own words. The general list of applications is in the article on patient rights. The release sentence is not read as an item of that list.

A waiver made in advance

An agreement, made before the loss arose, that the physician will not be liable for their fault is read apart. Article 115 writes that an agreement made in advance, that the debtor will not be liable for their gross fault, is absolutely void. If a service, profession, or art that requires expertise can be carried on only with a statute or with the permission of the competent authorities, an agreement of non-liability made in advance for slight fault is absolutely void too. The practice of medicine is carried on with permission, within the frame of Law No. 1219. This provision does not mean the person who signed won the action. The provision says that a sentence of non-liability made in advance will not be treated as valid by itself. Whether the concrete paper is this sentence is read from the text.

If the sentence writes a general waiver without mentioning fault at all, that writing is not pasted as the short name of Article 115. The pasting is not done without looking at the words of the text. The separation of gross or slight fault is debated from there if there is an examination in the file. This page does not announce every discharge signature as gross fault. If the patient says they signed without reading the text, this allegation does not change the scope of the text by itself. The scope is still in the sentence. The allegation may be mixed with whether information was given. The consent article carries the definition of that separation. This page does not, by itself, judge whether the signature vitiated the will. The judgment is in the examination of the concrete file. If the release text is in a language the patient cannot understand, a translation is looked for in the file. If there is no translation, it is not assumed that the text was understood. The failure to assume is not an announcement that the text is void. If there is an interpreter's annotation, the annotation is read. The annotation does not widen the scope.

A later release of a known debt

A later release of a known and named debt is not joined as the same paper as an agreement of non-liability made in advance. Which it is is read from the date and the words of the sentence. If there is no date, before or after is not invented. If the debt stands in the sentence as an event, a period, or an item, that limit is the basis. If there is no name of the event, the release is not treated as having covered the whole course of treatment. The course is read from the dates on the epicrisis. If there is no epicrisis, the course is not invented from the release sentence.

The patient keeps, without mixing them, the day they signed the release text and the day the loss was learned. If the day of learning is not in the file, it is left as absent. The gap that is left does not build a single sentence that the release is void, or that it is valid. A sentence that is not built does not produce an amount either. If more than one dispute stands in the same period, it is looked at which one the release mentioned. A criminal complaint, a disciplinary application, and a claim for compensation are not melted in the same sentence. If the sentence says only civil claims, it is not drawn from this word that the criminal complaint dropped. If the sentence writes only a file number, claims outside that number do not enter by themselves. If the number cannot be read, it is left as not readable. The paper between the hospital and the patient covers the physician's personal debt only if it writes that the physician is a party too. If it does not write it, the physician is not treated as released from the debt by the release. The release is read from the addressee of the sentence. If the addressee is the hospital, the hospital is read. If the addressee is blank, the gap is not filled so as to cover everyone.

The hour of the signature does not write the result

That the signature was taken during discharge may appear in the file. The hour does not by itself write that the action closed, or that it stayed open. If there is no hour, the signature is not pasted onto the moment of leaving. If the discharge document and the release text are on separate pages, that annotation is read if there is a page number or an annex annotation. If there is no annotation, the two pages are not counted as a single contract. Not counting them as one does not mean the signature is a nullity either. The meaning is that the relation of the papers is built from the file.

The physician's insurance policy is not put in place of the release sentence. Whom the policy runs for is in the article on compulsory liability insurance. If the patient signed a sentence against the hospital, the sentence does not turn to the insurer by itself. A refusal or an acceptance that turns to the insurer is a writing separate from the release text.

An employment release is not carried across

The period of a release in employment law, and an employment claim, are not carried into this record. That period is not written on the discharge paper. The period is not here as a number either. A release the employee gave to the employer is not made the model of the paper the patient gave to the hospital. A foreign text brought as a model does not widen the scope of the sentence in hand. If the day of discharge and the day of the release differ, the two dates are written apart. If one is absent, the other is not put in its place. The patient does not count a page added after the signature as part of the release text if there is no initial. If there is an initial, it is read on which page the initial stands. If the initial is only on the first page, a later page does not enter the scope by itself.

If the text is in your hands, the sentence may also be read through contact. The reading is not tying a result to the signature. The result comes out of the debt that was named and the kind of the paper. If the kind cannot be read, it is left as not read. The place that is left is not filled with another patient's sample release. A sample text does not change the scope of the signature in hand either.

Conclusion

If a release is signed at discharge, what is read is the release sentence in the text. The sentence does not drop every dispute by itself. A waiver in advance and a release of a known debt stand apart. A signature does not close, and the absence of a signature does not win. The frame is on the health law page. The basis is Articles 115 and 132 of the Turkish Code of Obligations.

Legislation

Frequently asked questions

Does signing the discharge paper close every action?

No. A release does not drop every dispute by itself. The release sentence in the text is read. The scope that is spoken is the dispute or the item the sentence names. A signature is not a closing by itself, and the absence of a signature is not a gain by itself either.

Is a sentence that I received the epicrisis a release?

It is not, by itself. Delivery of an epicrisis or of belongings is separate from a sentence that writes that the debt was given up. Under which signature the release sentence stands is read from the paper. A delivery sentence is not treated as having ended a dispute that was not named.

Does a sentence that I waived all my rights erase every item?

A dispute whose name was not written does not enter this sentence by itself. The scope that is read is the dispute or the item the sentence names. A wide word of waiver is not treated as having ended every claim that was not named. A list of items is not built on this page.

Are a waiver taken before the loss was known, and a later release, the same?

They are not joined as the same. An agreement of non-liability made in advance, and a release of a known debt, are read apart. Which it is comes out of the sentence and the date. The result is not this separation itself. If there is no date, before or after is not invented.

Does the period of a release on leaving employment apply here?

No. A release relating to an employment claim is not the subject of this record. That period is not carried onto the discharge paper. The period is not written here as a number either. The physician's insurance policy is not put in place of the release sentence either.

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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