International Legal Counselling

Medical malpractice is a critical issue that affects patients and healthcare providers worldwide, and Turkey is no exception. Navigating the complexities of medical malpractice can be daunting for those involved, from the injured patients seeking justice and compensation to the medical professionals defending their practices. This blog aims to shed light on the landscape of medical malpractice in Turkey, offering insights into the legal framework.

Although this blog is written for Turkey, which is one of the world’s hotspots for health tourism, the explanations in this blog are generally valid in many countries subject to the continental European legal system.

Is there a Legal Framework for Medical Malpractice in Turkey?

In Turkey, as in any country that has adopted the European legal system, this issue is based on a legal framework. Medical malpractice cases in Turkey are governed by a combination of civil, criminal, and administrative laws such as regulations, and professional guidelines designed to protect patient rights and ensure high standards of medical care.  The main legal basis for malpractice claims is found in the Turkish Civil Code and the Turkish Penal Code. These laws outline the responsibilities of healthcare providers and establish the grounds for liability in cases of medical negligence.

In many areas, including hair transplantation, aesthetic operations, dental health procedures, we face legal problems within the scope of medical malpractice.

The concept of medical malpractice (physician error) is explained in the decisions of the Court of Cassation and the Council of State as follows:

Any kind of physician intervention that lacks the care required according to the standards of medical science and experience and therefore does not seem appropriate to the case is understood as malpractice. In other words, failure to apply standard practice during the diagnosis and treatment of the patient, lack of knowledge and skills, and failure to apply appropriate treatment to the patient can be defined as medical malpractice. At this point, the liability arising from medical malpractice is “general liability based on fault”. The standard for the legal liability of the physician is the standard of an experienced specialist physician. The physician should be in a position to foresee any damage to the patient’s health, objectively according to the normal development of events and subjectively according to his/her personal experience, personal ability, individual professional knowledge, quality and degree of education. In this case, the duty of care arises. The breach of the physician’s duty of care is concentrated in three fields; first, in the treatment of the patient, i.e. diagnosis, indication, choice of medical measure, implementation of this measure, care after treatment or surgical intervention. Secondly, in the patient’s enlightenment and taking anamnesis. The third is in the field of clinic organization (quality of staff, adequate number of staff, cooperation between physicians (consultation). It is possible to evaluate the defects in these three areas as malpractice (error in treatment), illumination defect and organizational defect, respectively. These three defects are called “Medical Malpractice”.

Several types of medical malpractice cases are frequently encountered in Turkey, such as misdiagnosis or delay diagnosis, surgical errors, medication errors, birth injuries and anesthesia errors. 

How to File a Medical Malpractice Claim in Turkey?

If you believe you have been a victim of medical malpractice in Turkey, first, you should need to collect all relevant medical records, prescriptions, test results, and any other documentation that can support your claim of negligence.

After this stage, complaints and lawsuits will need to be filed in accordance with the criminal and civil legislation on which the matter is based.

It is important to seek the advice of a lawyer who specializes in medical malpractice cases. They can help you understand your rights and guide you through the legal process.

Do you have rights as a patient in these cases?

Of course, you do!

Patients in Turkey have several rights and protections under the law, including the right to receive safe and competent medical care, the right to be informed about their medical condition and treatment options, and the right to file complaints and seek compensation for harm caused by medical negligence.

You do not need to be a Turkish citizen to benefit from these legal rights and/or you do not need a residence permit in Turkey. It is sufficient that the action takes place within the territory of Turkey.

Conclusion:

Understanding medical malpractice in Turkey is essential for patients and healthcare providers alike. By being informed about the legal framework, common types of cases, and the process for filing a claim, you can better navigate this complex issue. Whether you are seeking justice for harm suffered or aiming to uphold high standards of care, awareness and diligence are key to ensuring accountability and improving the healthcare system.

Do you have questions about this blog or other issues due to medical malpractice cases? Please feel free to approach me at legalofcounsel@gmail.com.

Click here for the Dutch version of the Blog.