General Rule
A conscious adult with capacity must personally consent to examination and treatment.
HealthLaw
This guide explains key rights and legal rules on medical interventions, access to health services, emergency departments, organ transplantation and determination of death.
Consent Rules for Medical Interventions
Access to Health Services and Free Treatment
Mandatory Admission: All healthcare institutions, including private hospitals, must immediately admit and treat people injured in the earthquake and personnel working in disaster services.
Social Security Institution (SGK) Coverage: The rights of people covered by General Health Insurance continue without interruption during a disaster.
Fee Exemption: Treatment at public hospitals is free. If no space or treatment is available, private hospitals may provide necessary treatment and are subsequently reimbursed by the state.
Private-hospital treatment without a compelling reason is governed by emergency department obligations.
Emergency Department Obligations
No additional fee may be charged for health services provided within the scope of an emergency.
Emergency health services provided by private hospitals are covered by the Social Security Institution (SGK) when they fall within the scope of an emergency.
Every patient is assessed by a health professional and directed to the Red, Yellow or Green triage area. Red and Yellow areas fall within the scope of an emergency.
During disasters, triage is applied more strictly and quickly according to the principle of saving the greatest number of lives with limited resources.
Black Area: Cases considered to have a very low chance of survival. They receive no initial treatment or are treated last.
Red Area: People whose vital functions are at risk but who can be saved through rapid intervention, such as airway obstruction or uncontrolled bleeding.
Yellow Area: Serious cases where waiting between 30 minutes and two hours will not make the risk immediately life-threatening.
Green Area: People who can walk unaided and are not in life-threatening danger. During a disaster, they may be directed to help others.
Organ Transplantation During Disasters
The following conditions must be met before organs can be removed from a deceased person in a disaster area to save someone in life-threatening danger:
None of the listed relatives—spouse, child, mother, father or sibling—may be present with the deceased.
A medical board must certify that the medical death was unrelated to the organs to be removed.
The transplant must be urgent and medically necessary for a person whose life depends on organ or tissue transplantation.
Determination of Death
The deceased person’s identity is established by every available means, particularly by showing the person to those who knew them.
If nobody can identify the deceased, fingerprints, dental records and similar findings are used.
DNA samples and images must be retained for unidentified bodies.
A body buried without examination and identification may be examined only by order of a public prosecutor or court.
A forensic examination to determine the time and cause of death is conducted in the presence of a public prosecutor and physician.
HealthLaw
Legal Notice
This guide was prepared under TÜBİTAK 1001 ÇABA project 323K124 to provide general information and awareness about the rights and legal routes available to people affected by disasters. The 2023 revised third edition of the Union of Turkish Bar Associations’ Guide for Earthquake Survivors was used as one of its principal sources and the information was reconsidered and updated for this project’s purpose and audience. This guide was not prepared or endorsed by the Union of Turkish Bar Associations. Its explanations are based on legislation and administrative and judicial practice in force at the date of publication. They are general information and do not constitute legal opinion, legal advice or legal representation, nor do they replace an assessment of a specific case. Readers should consult a lawyer, a bar association legal aid bureau or the competent authorities when necessary. Legislation, time limits, competent authorities, contact details and administrative practices may change. Official announcements should be followed, particularly during disasters and emergencies. This guide does not replace emergency assistance, health, security, search or rescue services. The project director, project team and İnönü University cannot be held liable for direct or indirect consequences arising from use of the information. The views are those of the project team and do not represent TÜBİTAK’s institutional views. The guide may be used for personal, non-commercial purposes with attribution and without altering its meaning.
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