LEGAL DIMENSION OF MEDICAL MALPRACTICE IN TURKEY

Medical malpractice constitutes one of the most controversial areas of contemporary health law, requiring a multidimensional examination from both legal and ethical perspectives. Physicians, while carrying out their professional duties, are not only obliged to act in accordance with the current standards of medical science but are also responsible for fulfilling their duty of care within the framework of national legislation, international ethical principles, and patients’ rights. A breach of this duty is commonly referred to in practice as a “doctor’s error” or “medical error”, and generally arises from conduct that deviates from professional standards during the processes of diagnosis, treatment, follow-up, or care.

The increasing number of malpractice lawsuits in Turkey directly affects the relationship of trust within the healthcare system, making transparency, the duty to inform, and informed consent even more significant in the communication between patient and physician. In this context, it is essential to establish a delicate balance between protecting patients’ rights and ensuring the legal security of healthcare professionals.

Cases of medical malpractice and doctor’s error should not only be evaluated at the level of individual negligence or fault but also at the intersection of health policies, legislation, and ethical standards. Therefore, the development of relevant legal regulations, the establishment of consistent judicial practices, and the continuous professional training of healthcare personnel are of great importance for both patient safety and the sustainability of healthcare services.

WHAT IS MEDICAL MALPRACTICE IN TURKEY?

Malpractice, a term derived from Latin meaning “wrong practice” or “improper professional conduct,” refers in the field of medicine to acts by healthcare professionals that cause harm to a patient as a result of neglecting professional knowledge, skill, or duty of care. This concept encompasses not only physicians but all healthcare professionals, and at its core lies a deviation from professional standards.

According to the Code of Medical Ethics of the Turkish Medical Association, malpractice is defined as harm caused to a patient due to a physician’s ignorance, inexperience, indifference, or lack of care. It is important to distinguish between malpractice and complications inherent in medical interventions. Every medical procedure carries certain risks; however, when a foreseeable and preventable risk materializes due to the failure to take necessary precautions, the resulting harm is considered malpractice.

Medical malpractice in Turkey may manifest in various forms, including diagnostic errors, application of inappropriate treatment methods, prescription errors, carelessness or non-standard practices in surgical procedures, and failure to adequately inform the patient. Thus, malpractice may arise not only from a physician’s lack of knowledge or attention, but also from organizational deficiencies within healthcare institutions.

From a legal perspective, medical malpractice in Turkey constitutes a situation that gives rise to the liability of the physician or healthcare institution. Within the framework of the Turkish Code of Obligations, the Turkish Penal Code, and legislation on patients’ rights, malpractice cases may lead to compensation claims, criminal investigations, and disciplinary proceedings. Therefore, the concept must be evaluated not only from a medical standpoint, but also through its legal, ethical, and social dimensions.

In conclusion, medical malpractice in Turkey represents a violation of the principles of trust, transparency, and professionalism in healthcare services, and stands out as an extremely significant legal concept in the context of protecting patients’ rights.

DISTINCTION BETWEEN FAULTY MEDICAL PRACTICE AND COMPLICATION IN TURKEY

When a patient suffers harm as a result of a medical intervention, it is of great importance to accurately distinguish between “malpractice” and “complication” in order to determine the physician’s legal liability.

In Turkey, malpractice refers to harm arising from the physician’s violation of the medical standards accepted by the science of medicine, lack of adequate knowledge or skill, or failure to provide the necessary treatment during the medical process. In such cases, the cause of harm is attributed to the physician’s failure to fulfill the duty of care.

In contrast, complications are risks inherent in medical interventions that may occur even when all necessary precautions have been taken, and are not based on physician fault. Therefore, the mere occurrence of a complication does not make the physician legally liable.

Article 2 of the World Medical Association’s Declaration on Medical Malpractice clearly draws this distinction:

• Doctor’s error (malpractice): Harm caused to the patient due to the physician’s failure to comply with medical standards, lack of knowledge or skill, or carelessness and negligence.
• Complication: A situation that occurs during treatment despite the physician’s full compliance with medical rules, which is unforeseeable and unavoidable. In such cases, no legal liability can be attributed to the physician.

In conclusion, the distinction between malpractice and complication in Turkey is not only legally but also ethically critical. While a physician may be held liable in cases of medical error, complications that arise despite full adherence to medical rules do not lead to legal responsibility. Therefore, in each individual case, it is essential to carefully assess fault, breach of the duty of care, and causal connection with meticulous attention.

LEGAL LIABILITY IN DOCTOR’S ERROR CASES IN TURKEY

In Turkey, allegations of doctor’s error are important legal processes addressed in modern health law to ensure remedy for patient grievances, as well as judicial and ethical accountability. Mistakes arising during physicians’ professional activities are considered not only medical issues but also matters giving rise to legal liability. Accordingly, lawsuits regarding doctor’s error in Turkey are examined within the scope of both criminal law and compensation law.

A patient may file a lawsuit in Turkey to seek redress for material and moral damages resulting from a doctor’s error. In such cases, courts conduct a detailed examination of the relevant medical standards, expert reports, national and international medical guidelines, and the patient’s medical records before issuing a decision. The determination of fault forms the basis of legal liability, and in this process, whether the duty of care was violated, the causal link, and the existence of damage are meticulously investigated.

In the Turkish legal system, allegations of doctor’s error are examined within two main areas of liability:

1. Criminal Law Dimension: In cases of gross negligence, intentional misconduct, or deliberately erroneous medical practice, the physician’s liability under Turkish criminal law is engaged. Such cases may involve charges such as negligent injury, negligent homicide, or violations arising from failure to comply with the duty of care during medical intervention in accordance with the Turkish Penal Code. Criminal cases aim not only to remedy harm but also to protect public trust in the healthcare system.
2. Compensation Law Dimension: Patients or their relatives may claim pecuniary and non-pecuniary compensation in Turkey for damages suffered. In compensation lawsuits, the physician’s liability is examined in relation to fault and the causal link. Courts evaluate whether the medical intervention was lawful and whether the harm resulted from the physician’s negligence.

Medical malpractice in Turkey is not only an individual legal matter but also a critical issue in terms of protecting patient rights, upholding medical ethics, and preserving trust in the healthcare system. Damages caused by doctor’s errors can seriously endanger patient health; therefore, such cases must be handled with careful and comprehensive legal assessment.

In conclusion, in doctor’s error cases in Turkey, the process of determining legal liability should be based on:

• Compliance with medical standards
• Violation of the duty of care
• Determination of fault
• Establishment of a causal link
• Verification of damage

Furthermore, it is essential for all actors operating in the healthcare sector to act in accordance with ethical and legal regulations, as this is a fundamental factor in ensuring both patient safety and public trust in the healthcare system.

LEGAL LIABILITY CONDITIONS IN DOCTOR’S ERROR CASES IN TURKEY

In Turkey, legal liability in cases of doctor’s error refers to the legal obligation of healthcare professionals to remedy harm caused during the medical care process due to mistakes, negligence, or violations of the duty of care. For such liability to arise, certain conditions must be met simultaneously.

1. Existence of a Healthcare Service Agreement: There must be an express or implied service agreement between the physician and the patient in Turkey. This agreement establishes the physician’s obligation to provide medical care and the patient’s rights and obligations in return for the service. The healthcare service agreement forms the legal basis of the physician’s liability in Turkey.
2. Breach of Duty of Care: A physician is expected to act in accordance with the accepted standards of medical science during medical interventions. A breach of the duty of care may arise from lack of knowledge, carelessness, inexperience, or incorrect application of medical procedures. Such a breach triggers the physician’s legal liability in Turkey.
3. Occurrence of Harm: For legal liability to exist, there must be actual and measurable harm to the patient resulting from the doctor’s error. Harm can be physical, psychological, or financial in nature and must adversely affect the patient’s quality of life.
4. Causal Link: There must be a causal relationship between the harm and the doctor’s error. In other words, the physician’s conduct that breached the duty of care must have directly caused the harm to the patient. The causal link is the most critical element in doctor’s error cases in Turkey and is generally determined through expert reports.

The presence of all four of these elements gives rise to the physician’s legal liability in Turkey and allows relevant legal proceedings to be initiated. Under Turkish law, this liability is examined within the framework of the Turkish Code of Obligations, the Turkish Penal Code, and the Regulation on Patients’ Rights.

• Conditions of Contractual Liability in Cases of Medical Malpractice in Turkey

In Turkey, within contractual legal relationships, it is essential that the parties fulfil their rights and obligations in accordance with the terms of the contract. In the field of healthcare, these obligations form a direct healthcare service agreement between the physician and the patient. If the physician violates the obligations arising from this agreement, contractual liability arises under Turkish law.

For contractual liability to arise from acts contrary to the agreement in Turkey, the following conditions must exist simultaneously:

1. Breach of Contract: One of the parties must commit an act contrary to the provisions of the contract. In healthcare, this means the physician fails to act in accordance with professional standards during medical intervention or does not fulfil the care obligations undertaken under the agreement.
2. Fault Element: The breach of contract must be based on fault. Fault arises in cases such as lack of knowledge, carelessness, inexperience, or failure to comply with the duty of care.
3. Occurrence of Harm: For legal liability to arise, the physician’s breach of contract must result in actual and measurable harm to the patient. This harm may be physical, psychological, or material in nature.
4. Causal Link: There must be an appropriate causal relationship between the faulty act and the harm. In other words, the harm must arise directly from the physician’s breach.

When these conditions are met, the physician’s contractual liability in Turkey is established. The patient may then claim pecuniary or non-pecuniary compensation for the harm suffered. In assessing claims of breach of contract in Turkey, the nature of the agreement between the parties, the scope of the obligations, and the degree of compliance with the contract terms are considered.

Moreover, if the physician’s unlawful act results in the patient’s death or bodily injury, the situation is not limited to contractual liability. Such cases may constitute negligent injury or negligent homicide under the Turkish Penal Code, and may therefore give rise to criminal liability in Turkey. This means the legal process may include both contractual compensation claims and criminal investigations.

In conclusion, in Turkey, contractual liability in doctor’s error cases depends on the existence of fault, harm, and causal link. Therefore, it is of vital importance that all actors providing healthcare services fully comply with their contractual obligations and act in accordance with medical standards, both to prevent legal liability and to ensure patient safety.

• Contractual Liability In Cosmetic Procedures In Turkey

In Turkey, cosmetic surgeries, dental prosthesis procedures, and similar aesthetic medical interventions are legally considered works contracts. In such contracts, the physician’s primary obligation is to achieve the result requested by the patient, while the patient’s obligation is to pay the agreed fee. Therefore, aesthetic medical procedures entail not only the duty of care but also the obligation to achieve the promised result.

In this context, the physician’s liability in aesthetic contracts in Turkey is evaluated according to the specific rules of a works contract, distinct from general healthcare services. The provisions of the Turkish Code of Obligations relating to works contracts include both the duty of care and the obligation to achieve the promised result.

In addition to the physician’s primary duty, the following additional obligations must be fulfilled:

1. Making an Accurate Diagnosis: Assessing the appropriateness of the requested aesthetic intervention in relation to the patient’s current condition.
2. Determining and Applying the Most Suitable Treatment Method: Developing a treatment plan based on scientific criteria and considering the patient’s specific condition.
3. Obtaining the Patient’s Informed Consent: Providing the patient with detailed information about the procedure, its risks, possible complications, and alternative methods, and obtaining written consent.
4. Observing the Duty of Loyalty and Care: Acting in the patient’s best interest while fulfilling professional responsibilities.
5. Performing the Procedure Personally: Ensuring the intervention is carried out by the physician or appropriately delegated to qualified personnel.
6. Ensuring the Quality of Materials Used: Guaranteeing that prostheses, implants, fillings, and other materials comply with legislation and quality standards.
7. Keeping Complete Medical Records: Documenting all relevant information regarding the procedure accurately and comprehensively.
8. Respecting Patient Privacy and Confidentiality: Safeguarding patient information.

Failure to fulfil any of these obligations constitutes a breach of contract in Turkey and gives rise to the physician’s legal liability. In aesthetic contracts, if the promised result is not achieved or if the process is mismanaged, the patient may claim pecuniary and non-pecuniary compensation based on the works contract.

In conclusion, in aesthetic contracts in Turkey, the physician’s liability should be assessed within the framework of both the medical duty of care and the obligation to achieve the promised result. Therefore, informed consent, objective explanation of risks, and adherence to contractual terms are of vital importance both for protecting patient rights and ensuring the legal security of the physician.

• Legal Liability In Treatment Agreements In Turkey

In Turkey, the legal relationship regarding the treatment process is generally evaluated within the scope of a mandate agreement. Under this type of agreement, the physician’s primary obligation is to diagnose and treat the patient’s illness. In treatment agreements in Turkey, there is no expectation of guaranteeing a specific result; the essential requirement is that the physician carries out the diagnosis and treatment process in accordance with the requirements of medical science, exercising the necessary care.

In this context, the physician’s liability in treatment agreements in Turkey is primarily based on the duty of care. This duty requires the physician to employ their professional knowledge and skills at the highest level in relation to the patient. If this duty is breached, legal liability arises.

In addition to the physician’s primary obligation, the following additional responsibilities must be fulfilled:

1. Obtaining the Patient’s Informed Consent: Informing the patient about the treatment process, risks, and alternative methods, and obtaining written consent.
2. Observing the Duty of Loyalty and Care: Carrying out professional duties prioritising the patient’s health.
3. Performing the Treatment Personally (Except in Exceptional Cases): The intervention must be carried out by the physician or appropriately delegated to qualified personnel.
4. Acting in the Patient’s Best Interest: Making medical decisions in a way that benefits the patient.
5. Minimising Medical Risks and Preventing Harm: Taking necessary precautions to minimise possible complications during the procedure.
6. Fulfilling Legal Requirements and Following Up the Process: Completing all legal obligations related to the treatment process.
7. Keeping Complete Medical Records: Maintaining accurate and detailed records about the procedure, materials used, and performed interventions.
8. Providing Accountability to the Patient: Ensuring the treatment process is transparent and informing the patient accordingly.
9. Respecting Confidentiality and Privacy: Protecting the confidentiality of patient information.

Failure to fulfil any of these obligations constitutes a breach of contract in Turkey and gives rise to the physician’s legal liability. Accordingly, the patient may seek legal remedies in Turkey to claim material and moral compensation for damages arising from the physician’s failure to fulfil their obligations.

Under the Turkish Code of Obligations, the physician’s liability in treatment agreements is primarily based on fault and requires a causal link. Therefore, if the physician’s negligence, carelessness, or breach of duty of care is established, compensation claims may arise within the legal process.

In conclusion, in treatment agreements in Turkey, the physician’s liability should be assessed together with the duty of care specific to mandate agreements. Fulfilling these obligations is vital for both protecting patient rights and maintaining trust in the healthcare system.

• Legal Liability Arising From Tort In Medical Interventions In Turkey

In Turkey, the legal liability of physicians in medical interventions cannot be based solely on contract; it may also arise under the tort provisions of Article 49 of the Turkish Code of Obligations. Tort liability applies when a physician’s unlawful and negligent conduct causes harm to the patient.

For tort liability to arise in Turkey, the following four conditions must occur simultaneously:

1. Unlawfulness: The act or conduct of the physician must violate legal rules that prohibit, require, or impose obligations under the law. In medical interventions, unlawfulness in Turkey can occur as both violation of professional standards and infringement of patient rights.
2. Fault Element: The act must result from the physician’s lack of knowledge and skill, negligence, or breach of the duty of care. The fault element is a cornerstone of tort liability.
3. Occurrence of Harm: The unlawful act of the physician must result in tangible harm to the patient, whether physical, psychological, or financial. The existence of harm is a necessary condition for tort liability.
4. Causal Link: There must be a causal connection between the harm and the physician’s unlawful act. In other words, the harm must directly result from the physician’s violation.

When these conditions are met, in Turkey, a patient harmed by a physician’s unlawful and negligent conduct may invoke tort liability. In this context, the patient has the right to claim pecuniary and non-pecuniary damages due to malpractice.

In determining unlawfulness in Turkey, not only acts explicitly prohibited by law but also all situations that cause harm to property or personal integrity are taken into account. In medical interventions, unlawfulness generally manifests as a failure to act in accordance with professional standards and as a violation of patient rights.

In conclusion, in Turkey, tort liability in medical interventions is based on the physician’s unlawful and negligent conduct, harm, and the causal link between them. Therefore, it is of critical importance that all healthcare providers comply with their professional duty of care, respect patient rights, and act in accordance with the law — both to reduce legal liability and to ensure patient safety.

• Liability Arising from Unauthorized Medical Interventions In Turkey

CASES ARISING FROM MEDICAL NEGLIGENCE IN TURKEY

Cases arising from medical negligence in Turkey occur when a medical professional’s error during treatment causes harm to the patient, triggering the physician’s legal liability. In such situations, patients or their relatives may file lawsuits to claim compensation. These lawsuits examine whether the medical procedure adhered to accepted medical standards and whether the physician complied with their duty of care.

In Turkey, damages arising from medical errors can be pursued through material (economic) compensation and non-material (moral) compensation claims. These claims may be filed separately or together.

1. Material Compensation Claims in Medical Negligence Cases

Material compensation refers to financial restitution for the actual losses suffered due to the negligence. In Turkey, when a patient suffers harm as a result of medical error, the injured party (patient or sometimes relatives) must prove the harm and its extent. If the exact amount cannot be determined, the court exercises discretion to decide a fair amount.

Material compensation claims in Turkey may include:

• Medical Expenses: Costs of additional treatments required due to the harm caused.
• Loss of Earnings: Income lost due to inability to work.
• Loss of Working Capacity: Economic loss resulting from reduced ability to work.
• Loss of Future Earnings: Financial loss due to reduced future earning potential.

In cases where the negligence results in death, the deceased’s relatives may claim material compensation, including:

• Funeral Costs: Expenses related to burial or cremation.
• Medical and Care Expenses: If death did not occur immediately, treatment costs and lost work capacity.
• Loss of Support: Financial loss suffered by relatives deprived of the deceased’s support.

2. Non-Material (Moral) Compensation Claims in Turkey

Non-material compensation is intended to remedy the emotional pain, distress, and suffering caused by the negligence. This compensation is not intended to enrich the claimant but to partially alleviate the emotional impact.

In Turkey, moral compensation claims in medical negligence cases may arise in the following situations:

• Damage to Physical Integrity: Compensation for the pain and suffering caused to the injured person.
• Severe Bodily Harm or Death: Compensation for the emotional distress suffered by the injured party or the relatives of a deceased patient.

The amount of moral compensation is determined by the court based on the specific circumstances of the case and is intended solely to address emotional suffering, not to provide financial gain.

In summary lawsuits for material and moral damages due to medical negligence in Turkey are vital not only for addressing the harm suffered by patients but also for ensuring the reliability of healthcare services and upholding medical ethics. They form a key part of the legal framework protecting patient rights and holding medical professionals accountable.

LITIGATION PROCESS OF MEDICAL MALPRACTICE LAWSUIT IN TURKEY

Medical malpractice claims in Turkey are crucial for protecting the legal rights of individuals harmed by medical errors. In these cases, compensation may be sought for damages resulting from faulty medical interventions by doctors.

The litigation process in a malpractice lawsuit in Turkey may vary depending on the parties involved, the proof of the medical error, and the statute of limitations. Below are the key stages in the litigation process for medical malpractice claims in Turkey.

1- Parties in a Medical Malpractice Compensation Lawsuit in Turkey

A medical malpractice compensation claim in Turkey can be filed by the injured party or their legal representatives. In cases where the patient has passed away, the right to claim compensation for medical malpractice transfers to the heirs within the framework of Turkish inheritance law. Accordingly, the heirs may file a lawsuit to recover damages resulting from a physician’s error. The amount of compensation awarded through such a lawsuit is distributed among the heirs in proportion to their legal inheritance shares.

However, heirs who have declared a renunciation of inheritance in Turkey are not entitled to file a compensation claim and cannot benefit from the awarded damages. In such cases, it is advisable to seek assistance from an inheritance attorney in Turkey to ensure proper legal representation and compliance with procedural requirements.

The parties to the lawsuit may vary depending on whether the physician works in a public or private healthcare institution:

a) Compensation Lawsuits Against Doctors Working in Public Hospitals in Turkey

In Turkey, it is not possible to file a direct compensation claim against doctors who work in state hospitals, university hospitals, or family health centers. In such cases, the lawsuit must be filed against the relevant public authority, such as:

• The Ministry of Health,
• Relevant university rectorates,
• Other public healthcare institutions.

These lawsuits fall under administrative law and are heard before administrative courts.

b) Compensation Lawsuits Against Doctors Working in Private Healthcare Institutions in Turkey

In contrast, for doctors working in private hospitals or private clinics in Turkey, it is possible to file a lawsuit directly against the physician. These types of cases fall within the jurisdiction of civil courts and are generally heard by consumer courts.

In such lawsuits:

• Both the doctor and the private healthcare institution or company may be sued for material and moral compensation.
• The proof of malpractice is established through expert medical reports and the evaluation of compliance with medical standards.

2- Proving the Doctor Error in a Medical Malpractice Compensation Lawsuit in Turkey

The proof of malpractice in medical negligence cases in Turkey is a critical factor that directly determines the outcome of the lawsuit. Pursuant to Article 190 of the Turkish Code of Civil Procedure (HMK), the burden of proof lies with the plaintiff, i.e., the person claiming compensation. This means that the injured party must prove that the doctor performed a faulty medical intervention.

The burden of proof in medical malpractice cases covers the following elements:

• That the doctor’s intervention did not comply with medical standards,
• That the intervention was performed negligently or improperly,
• That the intervention resulted in harm, and
• That there is a causal link between the faulty intervention and the harm.

Proving these conditions is mandatory for the acceptance of a medical malpractice compensation claim in Turkey.

a) The Doctor’s Duty of Disclosure and Consent

On the other hand, the burden of proof for obtaining the patient’s informed consent rests with the doctor. This obligation increases the doctor’s responsibility both ethically and legally.

Under Article 24 of the Turkish Civil Code, a patient must give informed and explicit consent before treatment begins. This consent must include sufficient information about:

• The nature of the intervention,
• Possible risks,
• Alternative treatment options, and
• The potential outcomes of the treatment.

According to the established case law of the Court of Cassation (Yargıtay) and prevailing legal doctrine, the doctor bears the responsibility to prove that they have properly informed the patient. Therefore, in medical malpractice compensation cases in Turkey, it is crucial not only to prove the faulty intervention, but also to establish whether the patient gave informed consent.

b) Evidence Used in the Proof Process in Turkey

In proving a medical intervention error, Turkish courts place significant importance on the following types of evidence:

• Patient files and medical records,
• Expert reports (prepared by specialists in the relevant medical field),
• Patient consent forms,
• Witness statements, and
• Documents related to the treatment process.

The expert report serves as the primary piece of evidence in assessing malpractice claims in Turkey. The court requests that the expert clarify whether the doctor’s conduct was in accordance with medical standards and whether a causal link exists between the intervention and the resulting harm.

3- Statute of Limitations in a Medical Malpractice Compensation Lawsuit in Turkey

The statute of limitations in medical malpractice compensation cases in Turkey varies depending on the legal nature of the relationship between the parties. These time limits are regulated under the Turkish Code of Obligations (TCO) and play a crucial role in protecting the right to bring a claim.

a. Statute of Limitations for Liability Arising from Mandate (Agency) Contracts in Turkey

In treatment-based medical relationships, the statute of limitations is five (5) years pursuant to Article 147/5 of the Turkish Code of Obligations.

Since the mandate relationship is based on trust, this period begins to run from:

• The date on which the agent (doctor) renders an account, or
• The date the mandate relationship terminates.

This rule is particularly important in long-term and complex treatment processes, ensuring that patients’ rights are protected over time.

b. Statute of Limitations for Liability Arising from Work (Service/Result-Oriented) Contracts in Turkey

In cases involving aesthetic procedures or cosmetic surgeries—which are considered work contracts rather than medical treatments—the statute of limitations is also five (5) years, under Article 147/6 of the TCO.

However, if the aesthetic surgeon’s fault constitutes gross negligence, the statute of limitations extends to twenty (20) years, pursuant to Article 478 of the TCO.

This distinction is significant, as complications in aesthetic surgeries may manifest over time, and a longer period allows for effective legal remedies.

c. Statute of Limitations for Liability Arising from Tort (Unlawful Act)

For claims based on tort liability, the statute of limitations is regulated under Article 72 of the Turkish Code of Obligations as follows:

• Two (2) years from the date the injured party learns of the damage and the liable person, and
• Ten (10) years from the date the act was committed, regardless of when the damage was discovered.

These time limits are designed to protect patients, particularly in cases where the harm caused by a doctor’s negligence or error appears only after several years.

The statute of limitations in medical malpractice compensation claims in Turkey is of critical importance to prevent the loss of rights. Patients must act within these time limits to preserve their right to compensation, while doctors should be aware of these periods when assessing potential legal liability.

4- Competent Court in a Medical Malpractice Compensation Lawsuit in Turkey

Medical malpractice lawsuits in Turkey may be heard before different courts depending on the legal grounds and the type of claim. Therefore, correctly determining jurisdiction and competence is crucial for ensuring that the case proceeds in accordance with procedural law.

a. Competent Court in Medical Malpractice Cases in Turkey

As a general rule, medical malpractice lawsuits in Turkey must be filed before the court of the defendant’s domicile. If there is more than one defendant, the case may also be filed before the court of any of the defendants’ domiciles.
This regulation aims to facilitate procedural convenience for the parties and to guarantee the right to a fair trial.

b. Competent Court in Contract-Based Lawsuits in Turkey

In contract-based medical malpractice cases in Turkey, the competent court is the one located in the place where the medical intervention took place. This is considered the place where the contractual obligations were performed. Especially in healthcare services, the location of the treatment facility where the procedure was carried out determines the venue of the lawsuit.

c. Competent Court in Tort-Based Lawsuits in Turkey

In tort-based medical malpractice lawsuits in Turkey, the competent court is:

• The court of the place where the wrongful act occurred,
• The court of the place where the damage was sustained, or
• The court of the plaintiff’s domicile.

This structure is designed to ensure justice is served effectively, taking into account the location of the harm and the residence of the injured party.

Patients who suffer damages as a result of errors or negligence in medical treatment may file lawsuits against the relevant healthcare institution or the doctor in Turkey. Obtaining professional legal assistance during this process is of great importance for ensuring that the case is conducted properly and ends favorably. Determining the competent court in medical malpractice cases in Turkey accurately is a fundamental requirement for maintaining procedural integrity and protecting the legal rights of the parties.

DEFINITION OF COSMETIC MEDICAL INTERVENTIONS IN TURKEY

Cosmetic Medical Interventions in Turkey refer to surgical and medical procedures chosen by individuals with the aim of improving, beautifying, or rejuvenating their appearance. These interventions are generally non-essential and performed based on personal aesthetic concerns, offering changes aligned with individual preferences.

Cosmetic interventions can be divided into two main categories: purely aesthetic procedures and aesthetic procedures with functional benefits.

1. Purely Aesthetic Medical Interventions in Turkey

These are procedures aimed at improving a person’s physical appearance, generally falling under the category of aesthetic surgery. Such interventions are carried out entirely for aesthetic concerns and do not involve a medical necessity. The most common purely aesthetic procedures include:

• Rhinoplasty (Nose Aesthetics): A surgical procedure aimed at correcting or improving the shape of the nose.
• Facelift: A surgical intervention designed to reduce wrinkles and correct sagging skin.
• Liposuction: A surgical procedure to remove excess fat from the body, thereby improving body contours.
• Hair Transplantation: A surgical procedure to relocate hair follicles from one part of the body to another to treat hair loss and improve appearance.

These procedures are performed based on personal choice and aesthetic concerns rather than medical necessity.

2. Therapeutic Aesthetic Medical Interventions in Turkey

Therapeutic aesthetic interventions are defined as procedures that both improve aesthetic appearance and provide functional benefits. These interventions aim to improve quality of life due to health-related issues such as trauma or congenital anomalies.

Examples include:

• Post-Trauma Reconstructions: Correction of deformities resulting from accidents or injuries, offering not only aesthetic improvements but also benefits for physical and psychological well-being.
• Correction of Congenital Anomalies: Procedures such as cleft lip and palate repair, which deliver both aesthetic and functional advantages, improving appearance and facilitating daily life.

Therapeutic aesthetic interventions offer significant benefits not only in terms of appearance but also in health, functionality, and overall quality of life.

3. Medical Practice and Doctor Errors in Aesthetic Procedures in Turkey

In cosmetic medical interventions, medical errors may occur if healthcare professionals fail to meet professional obligations, disregard medical standards, or act without sufficient experience, diligence, and care. Such errors are defined in legal literature as medical malpractice.

Medical errors in cosmetic operations in Turkey can have serious consequences both for patient health and for legal liability. Below are the main examples of such errors:

a. Interventions Performed by Unauthorized Persons

Performing cosmetic interventions by individuals without adequate training and experience, or exceeding their scope of expertise, can lead to significant medical errors. This constitutes a serious violation of both medical ethics and legal obligations in Turkey.

b. Insufficient Patient Information

If the patient is not adequately informed about the method, scope, and potential risks of the intervention, their consent and approval may be considered legally invalid. In such cases, the lack of informed consent indicates that the healthcare professional has failed to fulfill their obligation of informed consent.

c. Exceeding the Scope of Consent

Even if a patient consents to a procedure, they must be clearly informed about the scope and outcome of the intervention. If this boundary is exceeded, a medical error occurs. This is legally regarded as a consent violation in treatment and cosmetic surgery law.

d. Incorrect Diagnosis or Treatment

Misdiagnosis before a cosmetic intervention or the application of an unnecessary treatment method may result in harmful outcomes for the patient. Such errors constitute serious legal liability under the scope of medical malpractice in Turkey.

e. Negligence and Carelessness

Failure to demonstrate the required diligence during an intervention, not complying with sterilization rules, or incorrectly performing a procedure directly constitutes medical malpractice in Turkey. Such negligence damages the patient’s bodily integrity and triggers legal sanctions.

In cases of medical malpractice in Turkey, healthcare professionals incur legal liability. This liability may include:

• Compensatory damages (to cover material losses),
• Non-material damages (to address pain, suffering, and emotional distress),
• Criminal liability (when legal conditions are met).

When statutory conditions are fulfilled, healthcare professionals may also face criminal responsibility, and the patient or their legal representatives may file a medical malpractice claim for compensation in Turkey for the damages suffered.

CONDITIONS FOR FILING A COMPENSATION CLAIM FOR FAULTY COSMETIC SURGERY IN TURKEY

In Turkey, for a compensation claim arising from a faulty cosmetic surgery to be accepted, certain fundamental conditions under Turkish law must be fulfilled together. These conditions are clearly recognized in legal doctrine and court rulings, and can be summarized as follows:

1. Faulty Conduct of the Physician

One of the essential conditions for a compensation claim in Turkey is the existence of faulty conduct by the physician. This may occur when the physician:

• Fails to meet professional requirements,
• Does not comply with medical standards,
• Acts without sufficient experience, diligence, or care.

In this context, the physician’s faulty conduct is defined as a faulty cosmetic operation and forms the basis of legal liability.

2. Harm Suffered by the Patient

As a result of the physician’s faulty conduct, the patient must have suffered harm to their material or moral integrity. This harm can be evaluated in both physical and psychological dimensions:

• Material harm: Treatment expenses, loss of income, additional surgery costs, etc.
• Moral harm: Physical pain, violation of aesthetic integrity, psychological trauma, and loss of self-esteem.

The harm suffered by the patient forms the basis for the compensation claim in Turkey.

3. Causal Link (Causation)

For compensation liability to arise in Turkey, there must be a direct causal link between the physician’s faulty conduct and the harm suffered by the patient. That is:

If the physician had not acted faultily, the harm to the patient would not have occurred.

The existence of this link is determined by the courts based on expert reports and medical evidence.

4. Illegality (Additional Condition)

In some cases, especially where informed consent has not been obtained or the patient has not been sufficiently informed, illegality constitutes a condition for a compensation claim in Turkey. This situation is regarded as a violation of the patient’s consent boundaries.

For a compensation claim arising from a faulty cosmetic surgery in Turkey to be accepted, the existence of the physician’s faulty conduct, harm suffered by the patient, a causal link, and where applicable, illegality must be present together.

DETERMINATION OF COMPENSATION AMOUNT IN MEDICAL MALPRACTICE CASES IN TURKEY

In Turkey, in compensation cases arising from medical malpractice, the amount of compensation awarded should not be considered as a means of enrichment. Compensation must be proportionate only to the harm caused by the faulty medical practice.

The determination of compensation amount in Turkey involves two main components: material compensation and moral compensation.

1. Determination of Material Compensation in Medical Malpractice Cases in Turkey

Material compensation is determined to cover the financial losses and reductions in quality of life suffered by the injured party. This includes:

• Treatment expenses,
• Medication costs,
• Additional surgical fees,
• Loss of earnings, and other economic damages.

The role of expert reports is significant in determining the amount of material compensation in Turkey. Previously, the PMF 1931 life table was used, but today the TRH 2010 life table is applied.

This life table provides a scientific basis for calculating compensation amounts by taking into account life expectancy, working life duration, and economic conditions. Therefore, in malpractice cases in Turkey, the amount of compensation is calculated according to the TRH 2010 life table and reflected in the court’s decision.

2. Determination of Moral Compensation in Medical Malpractice Cases in Turkey

Moral compensation is a payment intended to address the emotional distress, pain, suffering, grief, and anguish experienced by the patient. Its primary purpose is to compensate for the emotional and psychological dimensions of harm.

There is no objective calculation method for determining the amount of moral compensation in Turkey. Therefore, the amount is determined by the court judge, within the scope of judicial discretion, based on the specific circumstances of the case.

When determining the amount of moral compensation for medical malpractice in Turkey, the judge considers:

• The severity of the patient’s suffering,
• The duration and nature of the consequences of the faulty intervention,
• The impact of the harm on the patient’s life,
• The socio-economic status of the parties involved in the case.

The determination of compensation amounts in malpractice cases in Turkey is shaped by both the objective calculation of material damages and the judge’s discretion in determining moral damages. In this process, expert reports, life tables, and judicial precedents play a critical role.

MANDATORY MEDIATION IN COMPENSATION CASES ARISING FROM FAULTY AESTHETIC OPERATIONS IN TURKEY

In Turkey, in compensation cases arising from faulty aesthetic operations performed in private healthcare institutions (such as private hospitals, medical centers, or doctors’ offices), the mandatory mediation process holds a significant legal position. Particularly for compensation cases filed in consumer courts, completing the mandatory mediation process is a prerequisite for proceeding with the lawsuit.

1. Purpose and Importance of Mediation in Turkey

Mediation is one of the alternative dispute resolution methods aimed at resolving conflicts between parties without resorting to court proceedings. In disputes within the field of health law, such as faulty aesthetic operations, the mediation process allows both parties to save time and minimize legal expenses.

If a lawsuit is filed in Turkey without completing the mandatory mediation process, the case will be dismissed due to the absence of this procedural requirement. This leads to unnecessary time loss and additional legal costs.

2. Legal Basis of Mandatory Mediation in Turkey

Under the Turkish legal system, pursuant to Law No. 6325 on Mediation and related regulations, mediation is mandatory before filing certain compensation cases in consumer courts. Compensation claims arising from aesthetic operations are generally assessed within the scope of private law and, therefore, are subject to the mandatory mediation process in Turkey.

3. Procedure of Mediation in Turkey

In the mandatory mediation process in Turkey, the parties and the mediator meet within the designated timeframes to negotiate the resolution of the dispute. Proper completion of this process results in:

• Preservation of the right to file a lawsuit,
• Fulfillment of necessary conditions to initiate court proceedings,
• Avoidance of court proceedings if an agreement is reached,
• Reduction of legal costs and time loss.

If no agreement is reached during mediation, the injured party may file a lawsuit by submitting the mandatory mediation certificate to the court.

The mandatory mediation process in compensation cases arising from faulty aesthetic operations in Turkey is critically important both procedurally and substantively for the parties involved. This process provides an opportunity for resolution between the parties while contributing to a more effective and speedy resolution of disputes brought before the courts.

Therefore, before filing a lawsuit for damages arising from aesthetic interventions performed in private healthcare institutions in Turkey, it is essential to conduct the mediation process thoroughly. Otherwise, the case may be dismissed on the grounds of failure to meet procedural requirements, resulting in the loss of legal rights for the parties.

RIGHT OF FOREIGN NATIONALS TO FILE MALPRACTICE CLAIMS IN TURKEY

In Turkey, foreign nationals who suffer harm as a result of medical interventions have the right to file compensation lawsuits for malpractice. Furthermore, foreign nationals are not required to have a residence permit or any administrative authorization to file a lawsuit in Turkey.

According to Law No. 5718 on Private International Law and Procedure (MÖHUK), the law applicable to disputes arising from torts is the law of the place where the tort was committed. In this context, Turkish law applies to damages arising from medical interventions performed in Turkey, and Turkish courts have jurisdiction over such disputes.

Therefore, foreign nationals who suffer malpractice in Turkey can file compensation lawsuits in Turkish courts under the same conditions as Turkish citizens. In this case, it is important for a foreign national considering filing a lawsuit to obtain the support of an English-speaking lawyer in Turkey.

THE IMPORTANCE OF WORKING WITH A MEDICAL MALPRACTICE ATTORNEY IN TURKEY

Medical malpractice cases in Turkey are inherently complex and require careful navigation through a series of technical, procedural, and evidentiary challenges. The intricacies of these cases make them distinct from other types of legal disputes, and it is essential for individuals pursuing a malpractice lawsuit to work with an experienced attorney. Here are several key reasons why enlisting the help of a medical malpractice attorney in Turkey is crucial for a successful case:

1. Technical Complexity of Medical Malpractice Lawsuit in Turkey

Medical malpractice claims often involve technical medical issues that require a deep understanding of medical practices, procedures, and standards. Establishing that the healthcare professional’s actions deviated from these established standards is no simple task. Lawyers specializing in malpractice have the medical knowledge and connections to expert witnesses needed to interpret complex medical records, procedures, and expert testimony. They can provide the expertise required to effectively communicate these technicalities in court and ensure the patient’s case is adequately presented.

2. Difficulty in Proving Harm in Medical Malpractice Lawsuit in Turkey

One of the biggest challenges in medical malpractice cases in Turkey is proving that harm or injury occurred as a result of a medical negligence. The burden of proof lies with the plaintiff, who must demonstrate, with sufficient evidence, that the healthcare provider’s actions directly caused the injury. This task can be particularly daunting when the damages are not immediately visible or are compounded by complex medical conditions. A skilled malpractice attorney in Turkey is essential to help gather medical records, reached experts, and establish a clear link between the alleged medical negligence and the injury sustained.

3. Complex Procedural Requirements of Medical Malpractice Lawsuit in Turkey

The procedural aspects of medical malpractice cases can be overwhelming. These cases involve intricate legal rules and timelines, including specific statutes of limitations, filing requirements, and deadlines for evidence submission. Failing to comply with any of these legal procedures could lead to the dismissal of the case, resulting in a loss of the right to seek compensation. A medical malpractice lawyer in Turkey is well-versed in these procedural rules and can guide the plaintiff through every step of the legal process, ensuring that critical deadlines are met and that the case remains on track.

4. Risk of Filing in the Wrong Court

The jurisdiction and venue for medical malpractice cases are critical to the success of the malpractice lawsuit in Turkey. If the case is filed in the wrong court, it could lead to significant delays and wasted time, further complicating an already challenging situation. A medical malpractice attorney in Turkey knows which courts have the proper jurisdiction over a case and can ensure that the lawsuit is filed in the appropriate court from the outset, saving valuable time and preventing unnecessary setbacks.

5. Negotiating a Fair Medical Malpractice Settlement

In many malpractice cases, an out-of-court medical malpractice settlement is a possibility. However, negotiating a fair medical malpractice settlement requires a deep understanding of the case’s value, the medical complexities involved, and the potential risks of going to trial. An experienced malpractice attorney in Turkey can effectively negotiate with insurance companies, opposing lawyers, and other parties involved to secure a settlement that adequately compensates for the injuries sustained, without settling for less than what the client is entitled to.

Medical malpractice claim process in Turkey is not only legally challenging but also emotionally taxing for those affected. Working with a malpractice lawyer in Turkey ensures that victims of medical negligence have a dedicated advocate on their side. From navigating complex technical details to handling procedural intricacies and negotiating settlements, a medical malpractice attorney’s expertise is invaluable. With the right legal support, individuals can increase their chances of securing fair compensation and holding negligent healthcare providers accountable for their actions.