| School/Faculty/Institute | Graduate School | ||||
| Course Code | HUK 631 | ||||
| Course Title in English | International Medical Law | ||||
| Course Title in Turkish | Milletlerarası Tıp Hukuku | ||||
| Language of Instruction | TR | ||||
| Type of Course | Flipped Classroom | ||||
| Level of Course | Advanced | ||||
| Semester | Spring,Fall | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 188 hours per semester | ||||
| Number of Credits | 7.5 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Co-requisites | None | ||||
| Expected Prior Knowledge | None | ||||
| Registration Restrictions | Doctoral Students Only | ||||
| Overall Educational Objective | Analysis of some issues related to medical law with a foreign element based on legislation and case law, interpretation according to the basic principles of law in the absence of provisions | ||||
| Course Description | Determination of the legal relationship, legal problems and relevant legislation between patients, healthcare professionals, healthcare institutions and relevant administrative units; determination of dispute resolution methods and applicable law; enforcement of foreign court decisions regarding malpractice; and some specific issues in international medical law will be examined in this course. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Applying the rules of international private and procedural law to medical law with a foreign element 2) To understand the foreigners' law dimension of medical law 3) Resolving medical law disputes involving a foreign element 4) To know the scope of international medical law disputes |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 |
|---|---|---|---|---|
| 1) Develops and deepens current and advanced knowledge of concepts, institutions and methods in the field of private law and its sub-disciplines at the level of expertise through original thought and / or research, and reaches original definitions and qualifications that contain innovation regarding these concepts, institutions and methods. | ||||
| 2) Analyzes and evaluates the theories and practices in the field of private law and its sub-disciplines by using the knowledge at the level of research and/or expertise, and reaches new and original conclusions and ideas based on these. | ||||
| 3) Evaluates and uses the research and/or specialized knowledge acquired in the field of private law and its sub-disciplines with a theoretical and systematic approach. | ||||
| 4) Evaluates an existing concept or institution in the field of private law and its sub-disciplines with a new thought, approach or method, or researches and diagnoses a new concept or institution from an original perspective. | ||||
| 5) Develops solution proposals for legal policy based on theoretical and practical knowledge. | ||||
| 6) Evaluates an existing concept or institution in the field of private law and its sub-disciplines with a new thought, approach or method, or contributes to legal theory and practice by independently conducting an original study that investigates a new concept or institution from an original perspective. | ||||
| 7) Contributes to the development of legal theory and practice by publishing at least one scientific article in national or international refereed and/or reputable journals specific to the field of law and/or producing an original work. | ||||
| 8) Develops new ideas and methods in the field of private law and its sub-disciplines by using high-level mental processes such as creative and critical thinking, problem solving and decision making. | ||||
| 9) Defends his/her original views in the discussion of issues related to these fields with experts in the field of private law and its sub-disciplines and establishes effective communication that demonstrates his/her competence in the field. | ||||
| 10) To be able to follow the information in the field of law and communicate and discuss with colleagues by using a foreign language at least at the European Language Portfolio C1 General Level. | ||||
| 11) Establishes functional interaction by using strategic decision-making processes in solving problems arising from the theory and practice of law and affecting social life. | ||||
| 12) It carries out activities in order to spread the understanding of honesty, justice and ethics required by being a lawyer and to make it dominant in the society. | ||||
| 13) By introducing the values in the field of law to the society, it contributes to the establishment and sustainability of the awareness of law and justice in society. |
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | Develops and deepens current and advanced knowledge of concepts, institutions and methods in the field of private law and its sub-disciplines at the level of expertise through original thought and / or research, and reaches original definitions and qualifications that contain innovation regarding these concepts, institutions and methods. | H | HW,Presentation |
| 2) | Analyzes and evaluates the theories and practices in the field of private law and its sub-disciplines by using the knowledge at the level of research and/or expertise, and reaches new and original conclusions and ideas based on these. | H | HW,Presentation |
| 3) | Evaluates and uses the research and/or specialized knowledge acquired in the field of private law and its sub-disciplines with a theoretical and systematic approach. | H | HW,Presentation |
| 4) | Evaluates an existing concept or institution in the field of private law and its sub-disciplines with a new thought, approach or method, or researches and diagnoses a new concept or institution from an original perspective. | H | HW,Presentation |
| 5) | Develops solution proposals for legal policy based on theoretical and practical knowledge. | H | HW,Presentation |
| 6) | Evaluates an existing concept or institution in the field of private law and its sub-disciplines with a new thought, approach or method, or contributes to legal theory and practice by independently conducting an original study that investigates a new concept or institution from an original perspective. | H | HW,Presentation |
| 7) | Contributes to the development of legal theory and practice by publishing at least one scientific article in national or international refereed and/or reputable journals specific to the field of law and/or producing an original work. | S | HW,Presentation |
| 8) | Develops new ideas and methods in the field of private law and its sub-disciplines by using high-level mental processes such as creative and critical thinking, problem solving and decision making. | S | HW,Presentation |
| 9) | Defends his/her original views in the discussion of issues related to these fields with experts in the field of private law and its sub-disciplines and establishes effective communication that demonstrates his/her competence in the field. | S | HW,Presentation |
| 10) | To be able to follow the information in the field of law and communicate and discuss with colleagues by using a foreign language at least at the European Language Portfolio C1 General Level. | N | |
| 11) | Establishes functional interaction by using strategic decision-making processes in solving problems arising from the theory and practice of law and affecting social life. | N | |
| 12) | It carries out activities in order to spread the understanding of honesty, justice and ethics required by being a lawyer and to make it dominant in the society. | N | |
| 13) | By introducing the values in the field of law to the society, it contributes to the establishment and sustainability of the awareness of law and justice in society. | N |
| Prepared by and Date | AYFER UYANIK , January 2024 |
| Course Coordinator | AKTS1 |
| Semester | Spring,Fall |
| Name of Instructor | Prof. Dr. AYFER UYANIK |
| Week | Subject |
| 1) | Principles of international private and procedural law |
| 2) | Foreign malpractice litigation |
| 3) | Foreign organ transplantation |
| 4) | Surrogacy |
| 5) | Children born with assisted reproductive methods and legal issues |
| 6) | Right to health of persons under international protection and temporary protection |
| 7) | Legal aspects of genome analysis results |
| 8) | Legal effect of in-flight medical intervention |
| 9) | Tele-medicine practices and legal liability |
| 10) | International criminal law and medicine |
| 11) | Civil liability for defects in medical equipment of foreign origin |
| 12) | Protection of health data in private international law |
| 13) | Right to work and legal liability of foreign healthcare professionals |
| 14) | Foreign investment in the health sector |
| 15) | Written submission of assignments |
| 16) | Written submission of assignments |
| Required/Recommended Readings | Uyanık, Ayfer, Sağlık Turizmi ve Milletlerarası Tıp Hukuku Mevzuatı, Onikilevha Yayıncılık, İstanbul 2018. Uyanık, Ayfer, Sınırötesi Sağlık Hizmeti ve Hukuk, SD Sağlık Düşüncesi ve Tıp Kültürü Dergisi, 26. Sayı, s: 74-75; İstanbul Mart-Nisan-Mayıs 2013. Uyanık, Ayfer, Milletlerarası Özel Hukukunda Organ Nakli, Milletlerarası Özel Hukuk Perspektifiyle Biohukuk, Toplantı Sunumları ve Tartışmaları, İstanbul Medipol Üniversitesi Biohukuk Uygulama ve Araştırma Merkezi Yayını, Ağustos 2013. Uyanık, Ayfer, “Yabancı Sağlık Meslek Mensuplarının Çalışma Hakkı”, İstanbul Barosu Dergisi, Eylül-Ekim 2014, Cilt: 88, Sayı: 2014/5, s. 16-27. Uyanık, Ayfer, “Sağlık Turizmi Hukuku”, SD Sağlık Düşüncesi ve Tıp Kültürü Dergisi, Eylül-Ekim-Kasım 2015, Sayı: 36. Uyanık, Ayfer, “Sınırötesi Tele-Tıp Uygulamalarından Kaynaklanan Hukuksal Sorunlar”, Adli Bilimciler Derneği, I. Ulusal Sağlık Hukuku Kongresi, Editörler: İ. Hamit Hancı & Cahit Doğan, Ankara, Nisan 2015. Uyanık, Ayfer, “Sağlık Turizmi Açısından Tüketicinin Hukuki Statüsü”, Sektörel Bazda Tüketici Hukuku ve Uygulamaları, 2014-2015, Ankara 2015. Uyanık, Ayfer, “Hukuki Perspektifi ile Sınırötesi Seyahat ve Kadın Sağlığı”, Neoliberal Söylem ve Toplumsal Cinsiyet Eşitliği, 5. Uluslararası Kadın ve Toplumsal Cinsiyet Araştırmaları Konferansı, Konferans Bildirileri, Vol. 1, Editörler: Seda Orbay Yücel&Süheyla Üçışık Erbilen, Gazimağusa, Kuzey Kıbrıs, 25-26-27 Mart 2015. Uyanık Çavuşoğlu, Ayfer, “Genom Analiz Sonuçlarının Özel Sigorta Sözleşmesi Kapsamında Değerlendirilmesi”, Milletlerarası Hukuk ve Milletlerarası Özel Hukuk Bülteni (MHB), Prof. Dr. Gülören TEKİNALP’E ARMAĞAN, Yıl: 23/Sayı 1–2/2003, (sayfa: 827–849). Uyanık Çavuşoğlu, Ayfer, “Devletler Özel Hukukunda Yapay Döllenme Sonucunda Dünya’ya Gelen Çocuk İle Ana ve Babası Arasındaki Nesep İlişkisine Uygulanacak Hukuk Sorunu”, Kazancı Hakemli Hukuk Dergisi, (2006) Ocak-Şubat, Sayı 17–18 (sayfa: 7-63). | ||||||||||||
| Teaching Methods | The courses are supported by seminar assignments and presentations prepared by the students. | ||||||||||||
| Homework and Projects | Students are required to prepare a presentation and a final assignment to determine the final grade. | ||||||||||||
| Laboratory Work | None | ||||||||||||
| Computer Use | None | ||||||||||||
| Other Activities | None | ||||||||||||
| Assessment Methods |
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| Course Administration |
uyanika@mef.edu.tr |
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| Activity | No/Weeks | Hours | Calculation | ||||
| No/Weeks per Semester | Preparing for the Activity | Spent in the Activity Itself | Completing the Activity Requirements | ||||
| Course Hours | 14 | 2 | 3 | 2 | 98 | ||
| Laboratory | 7 | 0 | 2 | 1 | 21 | ||
| Presentations / Seminar | 3 | 8 | 1 | 27 | |||
| Homework Assignments | 3 | 12 | 1 | 1 | 42 | ||
| Total Workload | 188 | ||||||
| Total Workload/25 | 7.5 | ||||||
| ECTS | 7.5 | ||||||