ACTUAL AND LEGAL NECESSITIES FORCE GERMAN LEGISLATOR TO REGULATE NEW PROVISIONS ON PATIENT RIGHTS

Considering the directives of European Parliament and European Council, Code Of Improving German Patient Rights (dated 20th of February 2012) and German Civil Code being in the first place, Code of Financing of Hospitals, Social Code and the other regulations about patient rights in German law and its troubled provisions were changed and in this manner, breaches of patient rights were tried to be solved. The new provisions that were added to Civil Code regulates related person’s consent to medical treatment. Accordingly, it is mandatory to receive patient’s consent before any medical treatment to human body or health. It was also regulated that patient has to be informed about this treatment. In this respect, without this informing, patient’s consent would not be legally effective. In the similar codification movement in Turkey, transferring the regulations to Turkish legislation automatically would be mistaken, inadequate and contradictory. Our regulation does not correspond to regulations in German law in general, thus, in order to avoid from possible problems, a wideranging law reform should be done on this issue.