Course Detail

Course Description Course Outline Course Contribution to Program Qualifications Assessment Methods ECTS-Workload Detail Informations of the Course Numerical Data

Course Description

Course	Code	Semester	T+P (Hour)	Credit	ECTS
AA	SHKY1117189	Fall Semester	3+0	3	7

Course Program

Perşembe 15:30-16:15

Perşembe 16:30-17:15

Perşembe 17:30-18:15

Prerequisites Courses
Recommended Elective Courses

Language of Course	Turkish
Course Level	Second Cycle (Master's Degree)
Course Type	Elective
Course Coordinator	Assist.Prof. Kerime Fatma GÜNTÜRK
Name of Lecturer(s)	Assist.Prof. Kerime Fatma GÜNTÜRK
Assistant(s)
Aim	The aim of this course is to examine, through a comparative and case-law-based method, the types of legal liability (contractual, non-contractual, and cross-border) arising from medical tourism relationships; and to address, in a practice-oriented manner, both judicial and alternative dispute resolution mechanisms (mediation, arbitration) for resolving disputes arising from these relationships within the framework of private international law.
Course Content	This course contains; Conceptual and Institutional Foundations of Legal Liability in Medical Tourism,The Foreign Element and the Characterization of Disputes from the Perspective of Private International Law; Entry into and Residence Procedures for Medical Tourists in Türkiye,Contractual and Non-Contractual Liability of Intermediary Agencies: Case Law and Case Study Analysis,Contractual Liability of Healthcare Providers: Liability Regimes in Light of Hospital Admission Contracts,Fault-Based and Malpractice Liability of Physicians and Healthcare Personnel: Burden of Proof and Expert Testimony,Liability Arising from Breach of Informed Consent and the Scope of Compensation,Regimes of Medical Liability in Comparative Law,Choice of Law in Contractual Disputes and the Law Applicable to Disputes ,Validity Requirements of Jurisdiction Agreements and Drafting Contractual Jurisdiction Clauses,Law Applicable to Tort Disputes,Law Applicable to Disputes Concerning Personality Rights,Determination of Internationally Competent Courts,Jurisdiction Agreements.

Course Learning Outcomes	Teaching Methods	Assessment Methods
Distinguishes and comparatively evaluates the types of legal liability (contractual, non-contractual, cross-border) arising from medical tourism relationships.	10, 13, 14, 19, 9	A
Identifies the presence of a foreign element in medical tourism relationships and critically evaluates its consequences from the perspective of private international law.	10, 13, 14, 19, 9	A
Analyzes the contractual and non-contractual liability of intermediary agencies and healthcare providers on the basis of current case law and case studies.	10, 13, 14, 19, 9	A
Evaluates the burden of proof, standards of fault, and the scope of compensation in malpractice liability and informed consent violations by physicians and healthcare personnel.	10, 13, 14, 19, 9	A
Determines the law applicable to contractual and non-contractual disputes between the parties within the framework of Turkish conflict-of-laws rules and interprets it comparatively.	10, 13, 14, 19, 9	A
Determines the competent court in disputes arising from medical tourism, evaluates the validity requirements of jurisdiction agreements, and applies the process of recognition and enforcement of foreign court judgments.	10, 13, 14, 19, 9	A

Teaching Methods:	10: Discussion Method, 13: Case Study Method, 14: Self Study Method, 19: Brainstorming Technique, 9: Lecture Method
Assessment Methods:	A: Traditional Written Exam

Course Outline

Order	Subjects	Preliminary Work
1	Conceptual and Institutional Foundations of Legal Liability in Medical Tourism
2	The Foreign Element and the Characterization of Disputes from the Perspective of Private International Law; Entry into and Residence Procedures for Medical Tourists in Türkiye
3	Contractual and Non-Contractual Liability of Intermediary Agencies: Case Law and Case Study Analysis
4	Contractual Liability of Healthcare Providers: Liability Regimes in Light of Hospital Admission Contracts
5	Fault-Based and Malpractice Liability of Physicians and Healthcare Personnel: Burden of Proof and Expert Testimony
6	Liability Arising from Breach of Informed Consent and the Scope of Compensation
7	Regimes of Medical Liability in Comparative Law
8	Choice of Law in Contractual Disputes and the Law Applicable to Disputes
9	Validity Requirements of Jurisdiction Agreements and Drafting Contractual Jurisdiction Clauses
10	Law Applicable to Tort Disputes
11	Law Applicable to Disputes Concerning Personality Rights
12	Determination of Internationally Competent Courts
13	Jurisdiction Agreements

Resources

ecture Notes and Medical Tourism in Private International Law (ISBN: 978-625-8506-31-0)

Course Contribution to Program Qualifications

Course Contribution to Program Qualifications
No	Program Qualification	Contribution Level
No	Program Qualification	1	2	3	4	5
1	In light of the current developments in the field of health law, have knowledge about the main sources, legislation and jurisprudence which related to the health law.
2	With understanding relationships among concept, institution and method that related to disciplines of health law, establish a connection between them.
3	Reach scientific knowledge in the field of health law, evaluate, and use this information to solve legal problems.
4	Implement the idea about individual and social problems of health law and in the light of current developments find resolutions.
5	Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law.
6	Carry out an independent study which needs expertise in the field of health law and its sub-disciplines.
7	Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of health law and its sub-disciplines.
8	Critically evaluate acquired knowledge and skills in the field of health law and its sub-disciplines.
9	Develop a positive attitude towards lifelong learning and convert it to behavior.
10	Mean acquired knowledge in the field of health law and current developments about legal theory and practice to all groups systematically in written or oral form.
11	Critically question concepts and institutions of law, settled practice of law and norms and when necessary develop and attempt to change them.
12	Use software which in the level required by the field of law and information and communication technologies in the advanced level.
13	Take into consideration and internalize social, scientific and ethical values in the process of gathering, processing and evaluating information about field of health law and its sub-disciplines.
14	With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them.

Assessment Methods

Contribution Level	Absolute Evaluation
Rate of Midterm Exam to Success		50
Rate of Final Exam to Success		50
Total		100

ECTS / Workload Table
Activities	Number of	Duration(Hour)	Total Workload(Hour)
Course Hours	0	0	0
Guided Problem Solving	0	0	0
Resolution of Homework Problems and Submission as a Report	0	0	0
Term Project	0	0	0
Presentation of Project / Seminar	0	0	0
Quiz	0	0	0
Midterm Exam	0	0	0
General Exam	0	0	0
Performance Task, Maintenance Plan	0	0	0
Total Workload(Hour)			0
*Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30=(0/30)**			0
ECTS of the course: 30 hours of work is counted as 1 ECTS credit.

Detail Informations of the Course

Course Description

Course	Code	Semester	T+P (Hour)	Credit	ECTS
AA	SHKY1117189	Fall Semester	3+0	3	7

Course Program

Perşembe 15:30-16:15

Perşembe 16:30-17:15

Perşembe 17:30-18:15

Prerequisites Courses
Recommended Elective Courses

Language of Course	Turkish
Course Level	Second Cycle (Master's Degree)
Course Type	Elective
Course Coordinator	Assist.Prof. Kerime Fatma GÜNTÜRK
Name of Lecturer(s)	Assist.Prof. Kerime Fatma GÜNTÜRK
Assistant(s)
Aim	The aim of this course is to examine, through a comparative and case-law-based method, the types of legal liability (contractual, non-contractual, and cross-border) arising from medical tourism relationships; and to address, in a practice-oriented manner, both judicial and alternative dispute resolution mechanisms (mediation, arbitration) for resolving disputes arising from these relationships within the framework of private international law.
Course Content	This course contains; Conceptual and Institutional Foundations of Legal Liability in Medical Tourism,The Foreign Element and the Characterization of Disputes from the Perspective of Private International Law; Entry into and Residence Procedures for Medical Tourists in Türkiye,Contractual and Non-Contractual Liability of Intermediary Agencies: Case Law and Case Study Analysis,Contractual Liability of Healthcare Providers: Liability Regimes in Light of Hospital Admission Contracts,Fault-Based and Malpractice Liability of Physicians and Healthcare Personnel: Burden of Proof and Expert Testimony,Liability Arising from Breach of Informed Consent and the Scope of Compensation,Regimes of Medical Liability in Comparative Law,Choice of Law in Contractual Disputes and the Law Applicable to Disputes ,Validity Requirements of Jurisdiction Agreements and Drafting Contractual Jurisdiction Clauses,Law Applicable to Tort Disputes,Law Applicable to Disputes Concerning Personality Rights,Determination of Internationally Competent Courts,Jurisdiction Agreements.

Course Learning Outcomes	Teaching Methods	Assessment Methods
Distinguishes and comparatively evaluates the types of legal liability (contractual, non-contractual, cross-border) arising from medical tourism relationships.	10, 13, 14, 19, 9	A
Identifies the presence of a foreign element in medical tourism relationships and critically evaluates its consequences from the perspective of private international law.	10, 13, 14, 19, 9	A
Analyzes the contractual and non-contractual liability of intermediary agencies and healthcare providers on the basis of current case law and case studies.	10, 13, 14, 19, 9	A
Evaluates the burden of proof, standards of fault, and the scope of compensation in malpractice liability and informed consent violations by physicians and healthcare personnel.	10, 13, 14, 19, 9	A
Determines the law applicable to contractual and non-contractual disputes between the parties within the framework of Turkish conflict-of-laws rules and interprets it comparatively.	10, 13, 14, 19, 9	A
Determines the competent court in disputes arising from medical tourism, evaluates the validity requirements of jurisdiction agreements, and applies the process of recognition and enforcement of foreign court judgments.	10, 13, 14, 19, 9	A

Teaching Methods:	10: Discussion Method, 13: Case Study Method, 14: Self Study Method, 19: Brainstorming Technique, 9: Lecture Method
Assessment Methods:	A: Traditional Written Exam

Course Outline

Order	Subjects	Preliminary Work
1	Conceptual and Institutional Foundations of Legal Liability in Medical Tourism
2	The Foreign Element and the Characterization of Disputes from the Perspective of Private International Law; Entry into and Residence Procedures for Medical Tourists in Türkiye
3	Contractual and Non-Contractual Liability of Intermediary Agencies: Case Law and Case Study Analysis
4	Contractual Liability of Healthcare Providers: Liability Regimes in Light of Hospital Admission Contracts
5	Fault-Based and Malpractice Liability of Physicians and Healthcare Personnel: Burden of Proof and Expert Testimony
6	Liability Arising from Breach of Informed Consent and the Scope of Compensation
7	Regimes of Medical Liability in Comparative Law
8	Choice of Law in Contractual Disputes and the Law Applicable to Disputes
9	Validity Requirements of Jurisdiction Agreements and Drafting Contractual Jurisdiction Clauses
10	Law Applicable to Tort Disputes
11	Law Applicable to Disputes Concerning Personality Rights
12	Determination of Internationally Competent Courts
13	Jurisdiction Agreements

Resources

ecture Notes and Medical Tourism in Private International Law (ISBN: 978-625-8506-31-0)

Course Contribution to Program Qualifications

Course Contribution to Program Qualifications
No	Program Qualification	Contribution Level
No	Program Qualification	1	2	3	4	5
1	In light of the current developments in the field of health law, have knowledge about the main sources, legislation and jurisprudence which related to the health law.
2	With understanding relationships among concept, institution and method that related to disciplines of health law, establish a connection between them.
3	Reach scientific knowledge in the field of health law, evaluate, and use this information to solve legal problems.
4	Implement the idea about individual and social problems of health law and in the light of current developments find resolutions.
5	Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law.
6	Carry out an independent study which needs expertise in the field of health law and its sub-disciplines.
7	Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of health law and its sub-disciplines.
8	Critically evaluate acquired knowledge and skills in the field of health law and its sub-disciplines.
9	Develop a positive attitude towards lifelong learning and convert it to behavior.
10	Mean acquired knowledge in the field of health law and current developments about legal theory and practice to all groups systematically in written or oral form.
11	Critically question concepts and institutions of law, settled practice of law and norms and when necessary develop and attempt to change them.
12	Use software which in the level required by the field of law and information and communication technologies in the advanced level.
13	Take into consideration and internalize social, scientific and ethical values in the process of gathering, processing and evaluating information about field of health law and its sub-disciplines.
14	With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them.

Assessment Methods

Contribution Level	Absolute Evaluation
Rate of Midterm Exam to Success		50
Rate of Final Exam to Success		50
Total		100