Medical Malpractice Lawyer in Turkey
Turkey has become one of the world’s most preferred health and aesthetic tourism destinations with its high level of health, aesthetic and beauty services. With foreigners increasingly preferring Turkey for healthcare services, there has been an increase in the number of criminal lawsuits and compensation lawsuits due to medical malpractice cases involving foreigners. From aesthetic operations to childbirth, from hair transplantation to dental treatments, negligence and errors in many health or aesthetic treatments and applications in Turkey may be considered within the scope of medical malpractice.
If you believe you have been a victim of medical negligence, it is important to contact a lawyer as soon as possible for compensation for medical malpractice in Turkey, as the process can be complex and difficult to handle on your own. It is especially important to contact an English speaking Turkish medical malpractice lawyer if you or someone close to you is a victim of medical malpractice in a country like Turkey, where you are foreign do not speak the language, and are not knowledgeable of the functioning of the law and bureaucracy. As Viridis Legal Partners, medical malpractice compensation attorneys in Istanbul, we are with you in this difficult and complex process.
What is a Medical Malpractice Lawyer in Turkey?
A medical malpractice lawyer in Turkey can be defined as a lawyer who represents patients or their relatives for the compensation of damages suffered by patients and the protection of their rights while they are under the care of a health institution such as a hospital, practice, clinic or health professionals such as doctors, nurses, dentists.
Medical malpractice law is an area where administrative law, consumer law, contracts law torts and criminal law intersect and where medical expertise and legal expertise and experience intersect. For this reason, it is important and even indispensable to benefit from the assistance and support of a Turkish medical malpractice lawyer in criminal lawsuits against the physician, compensation lawsuits filed due to negligence cases in public hospitals, or compensation claims against private health institutions.
Why You Need a Medical Malpractice Attorney in Turkey
A medical malpractice attorney in Turkey follows the settlement, mediation and litigation processes from the beginning to the end for the compensation of damages suffered by foreigners due to medical malpractice. Carrying out the application processes of compensation lawsuits due to medical malpractice without a health law firm in Turkey may result in errors in elements such as filing the lawsuits in the right courts and in due time, proving medical malpractice, and therefore the rejection of the claims of the patient’s relatives and patients. However, managing the processes with a medical malpractice lawyer will minimise such risks and make it easier to cope with bureaucracy and overcome the language barrier.
In addition, the medical malpractice lawyer provides support to the negotiation and mediation processes with his knowledge and experience in compensation claims due to medical malpractice.
Your Clinical Negligence Lawyer In Turkey: Viridis Legal Partners
Assessing The Merits Of A Medical Malpractice Claim In Turkey
Medical malpractice is different from the concept of complication. Complication is the occurrence of an undesirable result despite the physician’s doing everything correctly while performing the medical intervention and provided that the complication is well and correctly managed, the physician’s liability will not arise since there is no negligent violation of the general rules of medical science in the occurrence of the undesirable result. For this reason, it is important to evaluate the essence of the case correctly in compensation claims due to medical malpractice and to determine the physician’s fault in the damage caused. As Viridis Legal Partners medical malpractice lawyers, we make sure that the nature of the medical error is ascertained in the best possible way in each case.
Evidence Gathering For Medical Malpractice Compensation Cases In Turkey
Detection and collection of documents such as general examination reports, epicrisis, patient admission documents, and prescriptions constitute one of the most important elements of this process in compensation lawsuits to be filed due to medical malpractice. In addition, disability reports and documents showing the treatment process should also be gathered to determine the damage suffered. As Viridis Legal Partners, your medical negligence attorney in Turkey, we are at your side with our investigation for medical malpractice compensation services.
Legal Representation in Court For Victims Of Malpractice In Turkey
Whether advocating for clients in criminal proceedings or pursuing compensation for damages and suffering, we are at your side if you or a relative has suffered damages due to medical or aesthetic operations in Turkey.
Negotiation and Settlement For Medical Malpractice In Turkey
As your healthcare law firm in Turkey, we are here for you to engage in settlement discussions with healthcare providers and to ensure fair compensation without the need for prolonged litigation.
Medical Malpractice Law in Turkey
In Turkish Law, the legislation on medical practices and practitioners is mainly composed of the Law on The Practice Of Medicine And Medical Arts No. 1219 and the Rules of Professional Ethics of the Turkish Medical Association.
In Turkish legislation and judicial practice, medical malpractice is defined as ‘Defective performance of a medical activity is defined as a professional error (malpractice). According to Article 13 of the Code of Professional Ethics of the Turkish Medical Association, malpractice is the harm to a patient due to ignorance, inexperience or indifference. malpractice is different from the concept of complication. A complication is the occurrence of an undesirable result despite the physician doing everything right while performing the medical intervention, and provided that the complication is well and correctly managed, the physician’s liability will not arise since there is no negligent violation of the general rules of medical science in the occurrence of the undesirable result.’ ( Supreme Court of Appeals General Assembly of Civil Chambers 2017/1981, 2021/960, 07.07.2021)
In Turkish law, a patient is defined in the Patient Rights Regulation as ‘: A person who needs to benefit from health services’. With the aforementioned Regulation patient rights are listed as follows;
- Right to Benefit from Health Services,
- The Right to Benefit in accordance with Justice and Equity,
- Right to Request Information on how to benefit from health services,
- Right to Choose and Change Health Institution,
- Right to Recognise, Select, and Change Personnel,
- Right to Request Prioritisation,
- The Right to Diagnosis, Treatment, and Care in Accordance with Medical Requirements,
- Right to Prohibition of Intervention Except for Medical Necessities,
- The Right to Medical Care,
- Right to Information on Health Status,
- Right to Inspect Records,
- Right to Request Correction of Records,
- The Right to Respect for Privacy,
- The Right Not to be Subjected to Medical Procedures without Consent,
- Right to Confidentiality of Information
As a patient rights lawyer in Turkey, we can inform you about these in more detail
Examples of Medical Malpractice in Turkey
Medical malpractice cases in Turkey, as explained above, can be defined as the failure of healthcare professionals or healthcare institutions to meet the standard of care, resulting in harm to patients. Some examples of medical malpractice in health services in Turkey are as follows. These examples can also be referred to as types of medical malpractice.
Lack of Enlightened Consent
In Turkey, healthcare providers are legally obliged to obtain informed consent from patients before initiating medical treatments or surgeries. Failure to adequately inform patients about the risks, benefits and alternatives to a procedure constitutes malpractice.
Misdiagnosis
The first example of medical malpractice is misdiagnosis. Misdiagnosis, which occurs when the doctor receiving services due to diagnosis and treatment misdiagnoses the patient’s condition or fails to diagnose it on time, can lead to delayed treatment and complications, causing harm to the patient.
Surgical Errors
Surgical errors are another common example of malpractice litigation in Turkey. These errors include operating on the wrong body part, leaving surgical instruments inside the patient, or causing unintended damage to organs or tissues. Such errors often require additional surgeries and can lead to long-term disability or even death.
Cosmetic Surgery Malpractice
In Turkey, rhinoplasty (rhinoplasty surgery), breast plastic surgery, liposuction (fat removal surgery), tummy tuck surgery, blepharoplasty (eyelid aesthetics), eyebrow lift surgery, face lift operations, face and lip fat injection, ear aesthetic surgery, chin and cheekbone surgery, leg aesthetics, genital area aesthetic surgery, such as a wide range of plastic surgery applications can be the subject of medical malpractice claims.
Medication Errors
Prescribing the wrong medication, administering the wrong dosage or not taking into account the patient’s allergies or drug interactions may be considered examples of medical malpractice.
Inadequate Postoperative Care and Instruction
Failure to provide the patient with the correct and adequate care and recovery process instructions following the completion of the medical practice is also considered as medical malpractice.
Filing A Medical Malpractice Claim In Turkey
In Turkish Law, the right to sue for medical malpractice belongs to the patient himself/herself or to the patient’s survivors if the patient has died.
The counterparty to the lawsuit is the judge who performs the treatment or the health worker who is the perpetrator of the error and the health institution where the health service is provided. The health institution may be a state hospital, private hospital, university hospital, foundation university hospital, polyclinics, or medical practices. In practice, the lawsuit is often directed to the institution together with the physician.
The court in which the lawsuit for medical malpractice should be filed or the period of time within which the lawsuit for compensation for medical malpractice should be filed varies depending on the nature of the legal relationship between the physician and the patient and the institution from which the health service is provided. The periods for compensation lawsuits due to medical malpractice vary as two years, five years, and ten years, except for the application to the administration. If a lawsuit will be filed against the administration, there are one-year and five-year application periods and 60-day litigation periods. Also, depending on the institution and conditions of the health service, administrative courts, civil courts of first instance and consumer courts may be in jurisdiction.
In compensation lawsuits to be filed due to medical error or negligence, material compensation from the compensation items is burial, if death has occurred, deprivation of support, and if death did not occur immediately, non-working time compensation, and treatment expenses. The compensation items that can be claimed due to the patient’s damage will be treatment costs and loss of earning capacity. In addition, those who have the right to claim compensation for medical malpractice may also claim compensation for the moral damages they have suffered.
The proof of medical malpractice is the most important issue in the proof of compensation lawsuits to be filed due to medical error or negligence. In order for the lawsuit to be concluded positively, the existence of damage, the existence of medical malpractice, and the proof that the damage arose due to medical malpractice must be proved. Therefore, in these cases, a health law firm in Turkey is very important to work with.
Why Choose Viridis Legal Partners
As Viridis Legal Partners, we know how important it is for you to utilise the services of the right medical malpractice lawyer. As your medical malpractice lawyer in Turkey, we can help you recover compensation for your medical malpractice damages by representing you in mediation and litigation processes. As your medical malpractice attorney in Istanbul, we can also support you in criminal and administrative proceedings in which you are a party due to medical malpractice. We also eliminate language barriers by providing medical malpractice law services in fluent English so that you can fully understand your legal options and related procedures.
Contact us today to consult or benefit from our medical malpractice lawyer services
Frequently Asked Questions (FAQs)
- What constitutes medical malpractice in Turkey?
In Turkey, any medical practice that falls below the standard is considered as malpractice.
- How long do I have to file a medical malpractice claim?
The periods for compensation lawsuits due to medical malpractice vary as two years, five years, and ten years, except for the application to the administration. If a lawsuit will be filed against the administration, there are one-year and five-year application periods and 60-day litigation periods.
- What compensation can I expect from a successful claim?
The amount of compensation for medical malpractice in Turkey varies according to the extent of the damage and the seriousness of the error or omission.
- How can I prove medical negligence occurred In Turkey?
In Turkey, in order to prove that medical negligence has occurred, it is necessary to collect documents from the beginning to the end of the treatment, to gather witnesses, and to determine the connection between the harm caused and the medical practice.
