Medical malpractice claims in Turkey require both legal and medical issues to be examined together. An adverse medical outcome does not automatically establish malpractice; the treatment process, applicable medical standards, informed consent, medical records, actual harm and the causal connection between the alleged error and the harm must be assessed in each case.
Medical malpractice is a specific area of healthcare law in Turkey. Depending on whether treatment was provided by a public hospital, private hospital, clinic or individual medical professional, different legal rules, preliminary applications and judicial procedures may apply.
Aslan & Duran Law Firm provides English-language legal assistance concerning medical malpractice matters involving Turkish law. A medical malpractice lawyer in Turkey may assist patients, foreign nationals, healthcare professionals and healthcare institutions in identifying the appropriate legal procedure, examining available records and evaluating the legal consequences of an alleged medical error.
What Is Medical Malpractice in Turkey?
Medical malpractice may arise when a healthcare professional or healthcare institution fails to act in accordance with the medical standards, professional duties and level of care reasonably applicable under the circumstances, and this failure causes harm to the patient.
The legal assessment is not limited to the outcome of treatment. It may require consideration of:
- The patient’s medical condition before the treatment
- The medical knowledge and standards applicable at the relevant time
- The examinations and tests performed
- The diagnosis and treatment selected
- Whether consultation with another medical specialty was required
- The manner in which the medical intervention was performed
- Monitoring and follow-up after treatment
- Information provided to the patient
- Medical records and consent documents
- Whether the alleged conduct caused or contributed to the harm
A medical result that differs from the patient’s expectations is not necessarily evidence of negligence. Liability generally requires the alleged breach of a medical or legal duty to be supported by evidence and connected to an identifiable injury or loss.
Medical Malpractice or Medical Complication?
One of the principal questions in medical malpractice cases is whether the harm resulted from a preventable medical error or from a recognised complication that may occur despite appropriate treatment.
A complication is generally an undesirable result or risk that may arise even where the medical intervention is properly planned and performed. However, describing an outcome as a complication does not automatically exclude responsibility.
The assessment may also involve questions such as:
- Whether the complication was a recognised risk of the procedure
- Whether the patient was adequately informed of that risk
- Whether reasonable precautions were taken
- Whether the complication was identified without avoidable delay
- Whether it was managed in accordance with medical standards
- Whether omissions before or after the procedure increased the harm
A recognised complication may therefore develop into a potential liability issue where it was not properly monitored, diagnosed or managed. The complete treatment process should be examined rather than focusing only on the final outcome.
Common Types of Medical Malpractice Claims
Medical malpractice allegations may concern different stages of healthcare services. Common examples include:
Misdiagnosis or Delayed Diagnosis
A claim may arise where symptoms, test results or clinical findings were not appropriately evaluated and an illness was diagnosed incorrectly or later than reasonably expected. The legal assessment should consider whether an earlier diagnosis was medically possible and whether the delay affected the patient’s condition or treatment options.
Surgical and Procedural Errors
Allegations may involve the planning or performance of surgery, injury to an organ or tissue, incorrect-site procedures, retained foreign objects, inadequate postoperative monitoring or failure to respond appropriately to complications.
Medication and Prescription Errors
Liability issues may arise from prescribing an unsuitable medication, administering an incorrect dose, failing to consider allergies or interactions, or inadequately monitoring the effects of treatment.
Anaesthesia-Related Errors
Anaesthesia claims may concern preoperative evaluation, dosage, monitoring, intubation, equipment, recognition of complications or postoperative care.
Pregnancy and Birth-Related Claims
Obstetric cases may involve prenatal monitoring, interpretation of foetal findings, decisions concerning delivery, response to complications and care provided to the mother or child.
Failure to Obtain Informed Consent
A claim may arise where a medical intervention was performed without legally adequate consent or without providing sufficient information concerning the nature, material risks, alternatives and possible consequences of the treatment.
Inadequate Follow-Up and Monitoring
Responsibility may also be considered where necessary tests, consultations or follow-up examinations were not arranged or where a change in the patient’s condition was not addressed appropriately.
Organisational Failures
Not every medical malpractice allegation concerns only an individual physician. Hospitals and clinics may face questions relating to staffing, coordination, infection control, equipment, record-keeping, communication or the organisation of healthcare services.
Who May Be Responsible for Medical Malpractice?
The potentially responsible party depends on where and how the medical service was provided.
Depending on the circumstances, responsibility may be considered in relation to:
- The physician or dentist performing the treatment
- Another healthcare professional involved in the patient’s care
- A private hospital, medical centre or clinic
- A public healthcare authority
- A university hospital
- A laboratory or diagnostic centre
- An institution responsible for organisational deficiencies
- An insurer within the scope of the applicable policy
Responsibility should not be attributed solely on the basis that a person participated in the treatment. The professional duties, decisions, actions and omissions of each person or institution should be evaluated separately.
Claims Against Public and Private Hospitals
The legal procedure may differ substantially according to the status of the healthcare provider.
| Healthcare provider | General legal route |
|---|---|
| Public hospital or public healthcare institution | Administrative applications and proceedings before the administrative courts may be required. The claim is generally directed against the responsible public administration. |
| Private hospital, clinic or medical centre | Private-law, contractual, consumer-law or tort-liability principles may become relevant. The competent court depends on the legal character of the relationship and claim. |
| University hospital | The legal route may depend on whether the institution is a state university, foundation university or operates through an affiliation or cooperation arrangement. |
| Individual private practice | The professional’s personal responsibility, contractual relationship, insurance and the nature of the alleged conduct may require consideration. |
This distinction affects not only the competent authority or court but also preliminary applications, limitation periods, responsible parties and procedural requirements. The status of the treatment provider should therefore be established before a claim is prepared.
Medical Malpractice Claims Involving Public Hospitals
Where treatment was provided as part of a public healthcare service, the claim may be based on an alleged failure in the organisation or operation of that service. Examples may include a service operating improperly, operating too late or failing to operate when required.
In these cases, an application to the relevant public authority may be required before a full-remedy action is filed before the administrative courts. The claim is generally directed against the responsible administration rather than directly against the individual healthcare professional.
The applicable administrative procedure contains specific time limits. The treatment date, the date on which the harm became identifiable, previous applications and the relationship between the healthcare service and the alleged injury should be reviewed without delay.
Medical Malpractice Claims Involving Private Hospitals
Treatment received from a private hospital, medical centre, clinic or private practitioner may create contractual and statutory obligations in addition to professional medical duties.
A private healthcare institution may be examined not only in relation to the individual medical intervention but also regarding:
- Selection and coordination of healthcare personnel
- Organisation of the treatment process
- Availability and operation of medical equipment
- Nursing and postoperative care
- Infection-prevention procedures
- Maintenance of medical records
- Communication between medical departments
- Emergency response and referral procedures
The legal responsibility of a private institution and that of an individual healthcare professional may overlap, but they should not automatically be treated as identical. The treatment arrangement, institutional structure and acts attributed to each party should be established from the available evidence.
Informed Consent in Medical Malpractice Cases
Patients generally have the right to receive understandable information about their diagnosis, proposed treatment, material risks, possible alternatives and the consequences of refusing treatment.
Informed consent should be evaluated as a communication and decision-making process. A standard form containing general statements may not, by itself, demonstrate that the patient received sufficient information relevant to the particular intervention.
The scope of the required information depends on factors such as:
- The nature and urgency of the procedure
- The probability and seriousness of material risks
- Available treatment alternatives
- The patient’s condition and ability to understand the information
- Whether the intervention went beyond the consent originally given
Consent to treatment does not amount to consent to negligent conduct. At the same time, the absence of a particular medical result does not prove that the patient was inadequately informed. The consent process and the standard of treatment should be examined as related but distinct issues.
Evidence in Medical Malpractice Cases
Medical malpractice cases are strongly dependent on documentary and expert evidence. Relevant records may include:
- Hospital and clinic records
- Patient files and admission documents
- Examination and progress notes
- Laboratory and pathology results
- Radiological images and reports
- Surgery and anaesthesia records
- Medication charts
- Nursing records
- Consultation notes
- Discharge summaries
- Consent and patient information forms
- Prescriptions and invoices
- Correspondence with the healthcare provider
- Photographs or other lawfully obtained material
- Records of subsequent treatment
Patients should preserve documents relating to both the original treatment and any later medical care required because of the alleged harm. Incomplete records, inconsistencies or later amendments may also need to be examined in the context of the complete case file.
The Role of Medical Experts
A legal assessment cannot replace a medical evaluation. Courts and administrative authorities may require opinions from medical experts or expert institutions to determine:
- The applicable medical standard
- Whether the treatment departed from that standard
- Whether the alleged conduct caused the injury
- Whether the outcome was a recognised complication
- Whether a complication was managed appropriately
- The nature and degree of permanent impairment
- Future treatment or care requirements
An expert report should address the material allegations and available medical evidence in a reasoned manner. Where a report is incomplete, internally inconsistent or does not respond to the central questions, the need for an additional or new examination may arise.
Compensation in Medical Malpractice Cases
The compensation that may be claimed depends on the nature of the injury, the legal basis of the case and the evidence available. A medical malpractice claim may potentially involve:
- Additional treatment and rehabilitation expenses
- Loss of earnings
- Temporary or permanent loss of working capacity
- Future medical or care expenses
- Expenses associated with disability
- Loss of financial support in cases involving death
- Funeral expenses
- Non-pecuniary damage arising from pain, suffering or impairment of personal rights
The existence and amount of damage must be supported by appropriate evidence. Compensation is not determined solely by the seriousness of the allegation; causation, degree of responsibility, medical findings and the circumstances of the injured person are also relevant.
No particular amount or result can be assumed in advance. Financial calculations may require actuarial, medical or other expert examination.
Criminal and Disciplinary Responsibility
An allegation of medical malpractice may, depending on the circumstances, also lead to a criminal investigation or professional disciplinary process. Conduct resulting in injury or death may be examined under the relevant provisions concerning negligent injury or negligent homicide.
Criminal responsibility is personal and should be assessed separately for each healthcare professional. The existence of a compensation claim does not automatically establish criminal liability, and the absence of a criminal conviction does not necessarily determine every issue in a civil or administrative compensation case.
Special permission or administrative procedures may apply to investigations concerning medical acts performed by certain healthcare professionals. The status of the professional, healthcare institution and alleged conduct should be identified before the criminal procedure is evaluated.
Disciplinary proceedings may also be conducted independently by the competent professional or administrative authority.
Foreign Patients and Medical Tourism Malpractice
Foreign patients may receive treatment in Turkey through hospitals, clinics or authorised medical tourism intermediary organisations. These relationships may involve healthcare law, medical tourism regulation, contracts, consumer protection, personal data and private international law.
A foreign patient’s case may require examination of:
- The institution that provided the treatment
- The role of any medical tourism intermediary
- Pre-treatment representations and communications
- Treatment and package agreements
- Informed consent and the language in which information was provided
- Medical records supplied after treatment
- Follow-up and complication management
- Payments and invoices
- Personal health data transfers
- The patient’s subsequent treatment in another country
- Jurisdiction and service of legal documents
A foreign patient does not necessarily need to be a Turkish citizen or reside in Turkey to pursue a remedy concerning treatment received in Turkey. However, the appropriate procedure, required documents and need for personal attendance should be assessed individually.
Foreign medical reports and other documents may require translation into Turkish. Depending on where they were issued and how they will be used, certification, apostille or another legalisation procedure may also be necessary.
Time Limits for Medical Malpractice Claims
There is no single limitation period applicable to every medical malpractice matter in Turkey. The relevant period may depend on:
- Whether the healthcare provider was public or private
- Whether the claim is contractual, tortious, administrative or criminal
- The date of treatment
- The date on which the harm and responsible party became identifiable
- Whether a preliminary administrative application is required
- Whether the alleged act may also constitute a criminal offence
- The legal status of the healthcare institution
Some procedures contain short application periods. For this reason, a potential claim should be assessed promptly even where treatment or its consequences are continuing.
How a Medical Malpractice Matter Is Assessed
An initial assessment generally includes the following steps:
- Identifying the healthcare institution and professionals involved
- Determining whether the provider is public or private
- Establishing the treatment timeline
- Collecting available medical records and consent documents
- Identifying the alleged act or omission
- Examining the harm and subsequent treatment
- Considering whether medical expert review is required
- Determining the potentially responsible parties
- Identifying the appropriate legal procedure and competent authority
- Reviewing applicable application and limitation periods
The assessment should begin with the medical records and factual chronology. Conclusions should not be based solely on the patient’s dissatisfaction or the healthcare provider’s characterisation of the outcome.
Medical Malpractice Lawyer in Turkey – Atty. Şerife Duran
Av. Şerife Duran
Atty. Şerife Duran is a founding lawyer at Aslan & Duran Law Firm. Within the firm’s healthcare law practice, she takes part in the legal assessment of disputes arising from alleged medical errors, failures in diagnosis or treatment, informed consent issues and harm occurring during healthcare services in Turkey.
Medical malpractice cases usually require medical records, consent forms, expert reports and the circumstances surrounding the treatment to be examined together. The legal status of the healthcare provider, whether the treatment was provided by a public or private institution and the connection between the alleged medical error and the resulting harm may affect the appropriate legal procedure.
Before entering legal practice, Atty. Şerife Duran served in several judicial positions, including the Criminal Court of First Instance, Civil Court of Peace, Cadastral Court, Turkish Justice Academy and the 21st Civil Chamber of the Court of Cassation. Her judicial background contributes to the careful assessment of procedural and evidentiary issues that may arise in civil, administrative or criminal proceedings concerning alleged medical malpractice.
She graduated from Ankara University Faculty of Law in 1999 and holds an LL.M. in European Union Law in the field of private law. She continues her doctoral studies alongside her legal practice.
Individuals seeking legal assistance concerning treatment received from a public or private healthcare provider in Turkey may contact the firm for an assessment of the applicable legal framework and available procedural options.
View Atty. Şerife Duran’s Profile →
Frequently Asked Questions About Medical Malpractice in Turkey
Is every unsuccessful treatment medical malpractice?
No. Treatment may be unsuccessful or result in a recognised complication even where appropriate medical care was provided. Malpractice generally requires evidence of a departure from the applicable standard and a causal connection with the harm.
Can a complication still result in liability?
Potentially. A recognised complication may not itself establish malpractice, but questions may arise if the risk was not properly explained, reasonable precautions were not taken or the complication was not identified and managed appropriately.
Can a foreign patient file a medical malpractice claim in Turkey?
Depending on the circumstances, a foreign patient may pursue available remedies concerning treatment received in Turkey. The status of the provider, medical documents, jurisdiction and procedural requirements should be reviewed first.
Is a signed consent form sufficient to exclude liability?
No. A signed form does not automatically prove that the patient was adequately informed, and consent does not exclude liability for negligent treatment. The form, information process and medical intervention should be considered separately.
Are public and private hospital claims subject to the same procedure?
No. Claims involving public healthcare services may fall within administrative procedures, while private healthcare claims may be examined under private-law or consumer-law principles. The institution’s legal status must be established.
What documents are important in a medical malpractice case?
The complete medical file, imaging records, laboratory results, operation and anaesthesia records, consent forms, prescriptions, invoices and records of subsequent treatment may all be relevant.
Is an expert report necessary?
Medical expert evidence is frequently important because the court must determine the applicable medical standard, whether it was breached and whether the alleged conduct caused the harm. The need and form of expert review depend on the case.
Can a case be handled while the patient lives abroad?
Many preparatory and procedural steps may be performed through a lawyer holding a properly issued power of attorney. Whether the patient must attend personally depends on the procedure and circumstances of the case.
Medical Malpractice Matters in Turkey
Medical malpractice matters require careful examination of medical records, the legal status of the healthcare provider, potential responsibility, causation and the applicable procedure. Public and private healthcare claims should not be approached in the same manner, and applicable time limits should be considered at an early stage.
Aslan & Duran Law Firm provides English-language legal assistance in medical malpractice matters involving treatment in Turkey. Patients, families, healthcare professionals and healthcare institutions may request an initial assessment of the relevant documents, procedural options and legal framework.