Medical Malpractice Law Services in Turkey

In healthcare, instances of medical malpractice can have profound consequences on patients and their families. As Viridis Legal Partners, your medical malpractice attorneys in Turkey, we are committed to advocating for your rights and seeking just compensation for the harm caused by negligent medical care.

As Viridis Legal Partners, we stand ready to assist individuals who have experienced harm while seeking recovery or pursuing healthcare for aesthetic reasons in Turkey. Our team of skilled attorneys possesses a distinctive blend of legal proficiency and medical insight, enabling them to adeptly navigate the intricacies of medical malpractice cases.

What is Medical Malpractice in Turkey?

Medical malpractice; also comprehended as medical negligence, healthcare negligence or medical error; can be defined as an injury or harm to a patient caused by a failure to provide a standard level of care by a healthcare institution or a professional such as a doctor.

World Medical Association, in its Statement on Medical Malpractice, describes medical malpractice as the physician’s failure to conform to the standard of care for the treatment of the patient’s condition, a lack of skill, or negligence in providing care to the patient, which is the direct cause of an injury to the patient. WMO also expresses its difference from an injury occurring in the course of medical treatment which could not be foreseen and was not the result of any lack of skill or knowledge on the part of the treating physician is an untoward result, for which the physician should not bear any liability in the same document.

Similarly, the Turkish Medical Association in the Statement of Rules of Medical Professional Ethics indicates that medical malpractice is harm to a patient due to ignorance, inexperience, or indifference.

Scope of the Medical Malpractice

As can be seen from the above definitions; The actions of any healthcare professional or institution may constitute medical error. In accordance with this, hospital negligence, surgical malpractice such as in plastic surgery and stomach reduction surgery, obstetric malpractice and birth injury in both mother and child, malpractice caused by misdiagnosis, dental malpractice, radiology malpractice, healthcare provider negligence and standard of care violations are also in the scope of medical malpractice.

How To Prove Medical Malpractice In Turkey

As in all types of disputes, the claim must be proved in a way that leaves no room for doubt in compensation cases due to medical error. The proof here includes proving that the physician’s error is an unlawful misconduct, that there is an error or negligence that should not be made by a person with the expertise of a physician, in other words, that it is not caused by a complication, the existence of damage, and that the damage is caused by the physician’s error. Benefiting from the assistance of a lawyer specialised in medical malpractice cases in filing and proving the case will help to solve technical problems and prevent any loss of rights.

In terms of aesthetic surgeries such as dental implants, hair transplantation, lip filling, rhinoplasty, etc., since the physician or the beauty centre that performs aesthetic operations has a predominant obligation to beautify the patient and the physician promises the patient a result, the proof is related to the failure to fulfill the concrete promise. Here, it is not sufficient to prove the physician’s liability only if the patient does not like the result. However, since the physician promises a result in aesthetic operations, he will be responsible for the failure to fulfill the result even if a complication arises.

Applicable Law to The Medical Malpractice Cases

Under Turkish Law, medical malpractice cases have a wide range of legal aspects from criminal law to administrative law and civil law.

Criminal Cases Arising From Medical Malpractice

Criminal liability of the doctor due to medical malpractice may arise within the scope of the crimes of negligent injury or negligent homicide. The acts of causing injury through negligence and causing death through negligence are regulated in Articles 85 and 89 of the Turkish Penal Code. The existence of negligence is a prerequisite for both crimes to occur. In this area of law, negligence occurs by acting contrary to the obligation of care and attention imposed by the medical profession.

In addition, a security measure may be imposed on the medical professional who commits the mentioned crimes, such as being banned from practising the profession for three months to three years, under Article 53/6 of the Turkish Penal Code.

Compensation Claims at Medical Malpractice Cases

How to File a Medical Malpractice Lawsuit?

A medical malpractice lawsuit can be filed by the injured party by submitting a petition to the competent and authorised court, which includes material and moral compensation claims.

Who Can File a Medical Malpractice Lawsuit?

According to Turkish Law, compensation claims due to malpractice can be claimed by the injured patient or the relatives of the deceased in case of death. As explained above, the patient or his/her relatives who prove that the doctor or other health institution has failed to perform the standard practice, that a damage has arisen for this reason and the existence of the damage can file a lawsuit.

When Can A Medical Malpractice Lawsuit Be Filed?

The answer to this question will vary depending on which legal title the medical malpractice falls under. For example, if the damage due to medical malpractice occurred during an ordinary medical practice, the lawsuit will have to be filed within five years since the provisions of the power of attorney contract will be applied. However, if the malpractice occurred in an emergency situation and before the contractual relationship between the physician and the patient was established, the provisions of tort will be applied and the statute of limitations will be two years from the date of learning the perpetrator and the damage and ten years from the date of the act. If the purpose of beautification is predominant in the relationship between the physician and the patient, since the contract of work will be applied, the lawsuit will have to be filed within two years from the completion of the procedure. In addition, since suing a private hospital or a health or beauty centre will be within the scope of consumer law, it will be necessary to request material and moral compensation within two years. As can be understood from this paragraph alone, it is absolutely necessary to consult an expert lawyer in compensation cases due to medical error.

Compensation Under Contracts or Torts Law

It is, of course, conceivable to compensate for material and moral damages arising from medical errors. Here, the doctor’s legal liability or liability for compensation may be mentioned. The relationship between the doctor and the patient is contractual, and in Turkish Law practice, this contract is often seen as a contract of mandate. However, it has been accepted that doctor-patient relationships whose purpose of beautification outweighs the intent of treatment, such as dental prostheses or plastic surgery, will be within the scope of the construction contract. In addition, in cases where a contract cannot be established between the doctor and the patient, such as emergency treatment, malpractice may constitute a tort.

The application of time lapse will differ according to which contract such as mandatum or contract of construction or torts will be applied to the case. In Turkish Law the general duration of time lapse is ten years. However, in some receivables arising from certain contracts such as mandatum or construction the duration of time limitation is five years.

On the other hand, in torts, the statute of limitations is two years from the date the injured party learns about the existence of the damage and the person liable for compensation, and ten years from the date the act was committed. Additionally, if the act constitutes a crime, the statute of limitations stipulated by the criminal law applies.

Compensation Under Administrative Law

Under Article 56/3 of the Turkish Constutition; “The State shall fulfil this task by utilizing and supervising the health and social assistance institutions, in both the public and private sectors.”

In case individuals suffer damages due to faulty execution of health services, it is a requirement of the rule of law that these damages be compensated by the administration. Health service defect may occur in the form of inadequacy or medical malpractice in the establishment and operation of the health service. For instance, in cases where the person infected with the virus dies because the hospital is not sterile, or the patient dies due to an accident caused by the ambulance driver while carrying the patient, a full remedy action may be filed against the administration due to the defective execution of the healthcare service.

In accordance with Article 13 of the Administrative Procedure Law No. 2577, those concerned who have been harmed due to an administrative transaction or action must apply to the administration within 1 and 5 years. It is stipulated that if an application is not made to the administration within the said dates, the right to file a lawsuit will be lost. The 1 and 5-year periods will start not from the date of the action, but from the moment the damage resulting from the action is learned and even the reason for the action is learned.