Legal nature of aggrieved third person s claim by reason of physicians acts against hospital and opinion of court of appeals

Whilst there is a responsibility of private hospitals, in its decisions for liability of physicians working at private hospitals Turkish Court of Appeals describes the relationship between hospital and physicians as Employer Liability , as it is regulated at Turkish Code of Obligations in Art. 66. However, the relationship between hospital and the physician is a contract of service. The physician carries on his works in pursuance of that service contract. One of the most important tasks of the physician is making medical diagnoses and treating patients. While the physician performs that fulfilment, he is in the position of the hospital s aider. This is because there is a contract of mandate between patient and hospital. Private hospitals may be belonging to either individuals or legal persons. In both cases, whilst they carry out their obligations, the operators of hospital will benefit from the physicians. At that point the physicians are the aider of the hospitals. Physicians perform the hospital obligations against the patients in pursuant to contract.