Legal Liability of the Physician Stemming from Agency Without Authority

The element that makes a physician’s medical intervention lawful is the consent of the patient for this intervention. However, it may not be possible to have patient’s consent in case of emergency medicine practice or when medical intervention requires to be extended. Under the circumstances, the physician shall perform the medical intervention without obtaining patient’s consent, if it is assumed that presumed will of the patient will be for physician's intervention. Liability of the physician stemming from this intervention shall be determined according to Art. 526 ff of Turkish Code of Obligations No. 6098. Agency without authority is the agent’s conduct of a legal transaction or action, which the agent is not authorized or obliged to perform, in accordance with the principal’s best interest and presumed will. In this study, medical interventions of the physician to the patient within the scope of agency without authority and liability of the physician stemming from these interventions are examined