Abstract:

There are various sources of responsibility that require the doctor's responsibility. These are in the form of responsibilities in terms of medical ethics, punishment, administrative and civil law (legal). One of the sources that generates the legal responsibility of the doctor is the medical contract. Other sources of legal liability other than the medical contract are pre-contractual consultation, non-advocate business and debt relationships arising from unfair facts. The medical contract established between the doctor and the patient, in its unregulated contract, has no complete clarity about the definition, legal nature and its consequences due to the appearance of an unnamed employment contract. However, a medical contract may be defined as a form established between a free-working physician and the patient or his representative, and the physician is subject to the obligation to perform medical diagnosis and treatment at a cost to be paid to him. By means of this definition, the parties to the contract and the debt subjects can be determined. However, different views on the legal nature of the contract have been made. Accordingly, in addition to the views that consider the medical contract as one of the exceptions (exceptions) from the employment contracts, service (work) and advocacy contracts, there are also those who consider the legal nature of the contract as a special, unnamed employment contract. It is a contract of work. The subject of the medical medical contract, the parties may have charged their treatment and care with the doctor's diagnosis, as they can limit it only to the diagnosis of the disease, in exchange for a price that the patient will pay. In addition to these original duties, the doctor has other contractual duties. The medical care, lighting, archiving, secret storage and loyalty duties. The conditions required for the contractual liability of the doctor are: 1. The existence and validity of the contract, 2. The contractual liability. and 3. Medical disadvantage 4. The damage, 5. Cause between medical defect and damage. In the medical contract, the patient is not obliged to prove the presence of the doctor's defective action; the doctor is obliged to prove his own perfection (BK. by m. The doctor may have signed an unresponsibility agreement with his patient for his or his assistant’s actions in relation to his contract. With these agreements the possibility of the doctor to get rid of liability is legally fraudulent or serious inability; if in mild inability, the appreciation is followed by sanctions of inability (BK. M 99 and 100/f.3)

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