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THE OMBUDSMAN INSTITUTION OF THE REPUBLIC OF TÜRKİYE

7.18 HEALTH

Under the title of “Health”, the Ombudsman Institution receives applications regarding
problems arising from the health system and allegations of violations of the right to
health.
In the field of health, applications are received on various issues such as allegations
of violation of patients’ rights arising from the attitudes and behaviors of healthcare
personnel, medical malpractice cases, problems in accessing treatment and
medication, procurement of a medication from abroad and adding the medication
to the reimbursement list, medical examination appointment system, allegations of
overcharging by private health institutions and organizations, correction/amendment of
health reports, driver health reports, requests for deletion of health data from records,
registration of health reports for disabilities in the national data bank for persons
with disabilities, claims that prisoners in penal institutions do not benefit from health
services properly, and requests of health workers.
CASE SUMMARY

In this framework, in an application received by the Ombudsman Institution, it was
stated that the applicant had a permanent medical board report, which was still clear and
understandable and was not tampered with. The applicant mentioned that according to
the law, permanent medical board reports contain a vested right, and that there was no
claim and proven fact about the forgery of the report. The applicant claimed that the
health board record books were destroyed by the hospital management without waiting
for the period required to keep them, and, therefore, the report was not registered in
the national data bank for persons with disabilities on the grounds that the health board
report could not be confirmed. The applicant added that the hospital did not make any
statement indicating that the report was not real. The Ombudsman Institution decided
that the rejection by Zonguldak Atatürk State Hospital of the applicant’s request was
not in accordance with the law and equity. A Recommendation Decision was issued to
the Ministry of Health that if there is doubt about the authenticity of the applicant’s
medical board report, they should clarify this situation by initiating the necessary legal
process, and if there is no doubt in this direction, they should take action to eliminate
the applicant’s victimization by registering the medical board report in the national data
bank for persons with disabilities.

2022 ANNUAL REPORT 121