Dental Malpractice in Turkey: Legal Action & Compensation Guide (2025)
Turkey is a highly preferred destination for dental treatments by foreigners. However, dental procedures for the purpose of treatment or aesthetics can sometimes be the subject of medical malpractice claims. As your medical malpractice attorney in Turkey, we are here to assist you with your dental malpractice compensation claims.
What is Considered Dental Malpractice Under Turkish Law?
Medical malpractice is defined as the 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 under Turkish Law. In accordance with the given definition of medical malpractice, dental malpractice can also be defined as damage caused to the patient during dental treatment due to ignorance, inexperience, or indifference, resulting in substandard practices.
Common Examples of Dental Negligence in Turkey
All kinds of misdiagnosis and treatment, and the harm caused to the patient as a result, can be considered examples of dental malpractice. For example, extraction of a healthy tooth, harm caused to the patient due to substandard sterilisation, damage to the patient’s mouth and jaw structure due to incorrect tooth extraction, causing bone loss, allergies or infections in the patient, causing nerve damage due to substandard dental treatment practices, causing permanent numbness or pain by damaging nerves during treatments such as root canal treatment, incorrect or incomplete implant or prosthesis applications are common dental practice applications. Furthermore, failure to achieve an aesthetic result in dental treatments where an aesthetic result is promised is also considered dental malpractice.
Your Legal Rights as a Foreign Patient in Turkey
Under Turkish law, any patient, whether a foreign national, has the rights 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
Types of Compensation You Can Claim In Case Of Dental Malpractice In Turkey
Firstly, it should be noted that it is possible to claim material and moral damages in Turkey due to dental malpractice. Compensation for material damages due to dental malpractice includes various claims such as treatment costs, loss of income due to time off work, and loss of earning capacity in the event of disability. In contrast, claims for non-material damages are intended to cover the pain and suffering experienced due to incorrect treatment, as well as the distress and anguish caused by cosmetic defects in the teeth or gums resulting from dental malpractice.
It should also be noted that, in addition to the medical institution where the treatment was administered, the dentist who performed the treatment will also be liable for the aforementioned material and moral damages caused by dental malpractice in Turkey.
Your Dental Malpractice Lawyer In Turkey: Viridis Legal Partners
As Viridis Legal Partners, we understand how important it is for you to benefit from the services of the right dental malpractice attorney. As your dental malpractice lawyer in Turkey, we can represent you in mediation and litigation proceedings to help you obtain material and non-material compensation for your dental malpractice damages. As your dental malpractice lawyer in Istanbul, we can ensure that your mediation and litigation cases arising from dental malpractice are resolved in the most effective manner. Furthermore, we provide dental malpractice law services in Turkey in fluent English, eliminating language barriers so you can fully understand your legal options and the relevant procedures.
Contact us today to benefit from our dental malpractice lawyer services or to receive a consultation.
Frequently Asked Questions (FAQ)
Can I sue a dentist in Turkey if I am not a Turkish citizen?
Yes, any patient, whether a foreign national or not, can sue his/ her dentist because of the damages caused by substandard dental treatment in Turkey. In other words, being a foreigner, i.e. not being a Turkish citizen, does not prevent you from claiming compensation for dental malpractice you have experienced in Turkey.
Can I use a medical report from a doctor in my home country as evidence?
Yes, reports obtained from healthcare institutions in foreign countries that prove dental malpractice can be used as evidence in Turkish courts or during the mediation process.
What is “mandatory mediation” and why is it required in Turkey?
Compensation claims arising from dental malpractice are generally considered consumer disputes under Turkish law. In many disputes, it is mandatory to seek mediation before filing a lawsuit in consumer courts.
How are lawyer fees structured for dental malpractice cases in Turkey?
As is the case with most medical malpractice cases, in dental malpractice compensation claims, a dentist lawyer in Turkey may set fixed case fees or a success fee based on a certain percentage of the compensation obtained.
How long does a dental malpractice lawsuit typically take in Turkey?
As with most medical malpractice cases in Turkey, dental malpractice cases can be resolved within six months to a year.
Can I file a criminal complaint against the dentist in addition to a compensation case?
In medical malpractice cases in Turkey, the offence of causing injury or negligent injury may be involved. It is possible to request the initiation of criminal proceedings against the dentist or healthcare professional who performed the treatment due to dental malpractice. In other words, you can file a criminal complaint against the dentist in addition to a compensation case.
