law consultancy office
t&p hukuk danışmanlık bürosu | tüketici hukuku danışmanlığı

tokbaş & partners

consumer law in medical and pharmaceutical sector

for health care institutions/physicians :

for persons :

Medical and Pharmaceutical Sector has recently started to be discussed in terms of consumer law and become a dynamic and hot discussion topic as contract of mandate and work & labour include din the scope of law no. 6502 resulting in to scope to be extended to include the relationship between the physician and patient.  Controversies in the pharma sector like failure to give sufficient or correct information on medicines or unclear or insufficient amount of information in leaflets are important for the consumer law. Law no. 6502 stipulates the patient as a proper consumer holding consumer rights. Therefore, conflicts arising from health conditions including dental problems, any relationship established with physicians, prosthesis limbs, aesthetic surgeries, etc. will be resolved at consumer courts based on the basic principles and dynamics of consumer law.

 

tokbaş & partners provides consumer law service to hospitals, physicians, health care institutions, pharma companies, pharmacies as well as to other companies and persons engaged in the medical and pharmaceutical sector thanks to its command of consumer law in the  medical and pharmaceutical sector.     These services are detailed individually for companies and persons. We also defined individual subcategories for our services for companies, namely “protective/preventive advocacy, process consultancy and official attorneyship”   Services offered by tokbaş & partners in this area can be detailed as follows: 

 

Protective / Preventive Advocacy Services:

 

1.       Conduct trainings for health care institution managers, physicians and relevant personnel on "consumer law and practices in medical and pharmaceutical sector"

2.       Organize consumer law training for the branches of health care institution and provide personnel training across Turkey

3.       Draft medical and pharmaceutical agreements subject to the field of Consumer Law as per the legislation and practices

4.       Draft medical and pharmaceutical sector documentation used in consumer transactions as per the legislation and practices

5.       Provide opinions and create legal reports on new medical and pharmaceutical sector practices

6.       Ensure legal control of trade advertisements and announcements in the unrestricted areas prior to publication as per consumer and advertisement legislation as well as administrative practices

7.       Ensure legal control of commercial practices under the scope of  the provisions relating to "unfair commercial practices"

8.      Due diligence

9.       Legislation review and weekly legislation report on the medical and pharmaceutical sector

10.   Review the decisions of administrative and regulatory committee; weekly report on the decisions of administrative and regulatory committee related to medical and pharmaceutical sector

 

 

Process Consultancy Services:

1.       Monitor medical and pharmaceutical agreements and express opinions on contractual discrepancies

2.       Monitor medical and pharmaceutical sector practices and other documents and express opinion on the discrepancies resulting therefrom

3.       Express opinion on discrepancies relating to trade advertisements and announcements

4.       Express opinion on the resolution of issues encountered in consumer law legislation

5.       Give response to requests for verbal and written legal opinion

6.       Take initiatives and express opinion required for resolution of differences in interpretation or problems resulting from consumer law between relevant administrative bodies and health care institutions/physicians

7.       Provide mediation-reconciliation services between the health care institutions/physicians and consumers

8.      Establish and maintain a consumer compliant hotline

9.       Create templates for pleas to be written to Consumer Courts and Consumer Arbitration Boards considering different problems and possibilities

10.    Control and compliance check for the pleas written to the attention of Consumer Courts and Consumer Arbitration Boards

11.     Control and compliance check for the pleas to be written and documents to be submitted about consumer law to administrative bodies

12.    Management of the process of inspector audit by the Ministry

 

Official Attorneyship Services:

1.       Ensure representation of the health care institutions-pharma companies and physicians and follow-up of their files at Consumer Arbitration Boards

2.       Ensure representation of the health care institutions-pharma companies and physicians and follow-up of their files at Consumer Courts

3.       Ensure representation of the health care institutions-pharma companies and physicians and follow-up of their files at administrative bodies

4.       Actions for nullity for administrative fines imposed as part of  TKHK

5.       Follow-up of debts and receivables of health care institutions-pharma companies and physicians

 

 

 

 

 

1.       Follow-up of lawsuits arising from defective services of health care institution and physicians

2.       Lawsuits for monetary and spiritual damages arising from the liability of malpractice

3.       Lawsuits for monetary and spiritual damages arising from defective-spoiled medicines

4.       Lawsuits for monetary and spiritual damages arising from defective alternative medicinal products

5.       Lawsuits for monetary and spiritual damages arising from defective medical equipment

6.       Claims for damages arising from acts in breach of competition law in the medical and pharmaceutical sector

7.       Claims for damages arising from manipulative ads and unfair commercial practices in the medical and pharmaceutical sector