Malpractice Lawyer in Türkiye

Foreign nationals facing medical malpractice claims in Turkey after receiving healthcare services may experience significant uncertainty regarding the legal process and their rights. Language barriers, unfamiliarity with the healthcare and legal systems, lack of knowledge about application deadlines, and inability to effectively communicate with administrative and judicial authorities can lead to significant and irreparable losses of rights for foreign patients. Whether mediation is mandatory in malpractice claims, the conditions for filing a lawsuit for compensation, the procedure for filing malpractice complaints with the prosecutor’s office or relevant institutions, and the correct distinction between medical malpractice and complications directly affect the outcome of the process. Applications made without expert legal support can lead to the loss of both material and moral compensation rights, as well as unnecessary delays in the process. For foreign nationals to effectively protect their rights in malpractice cases in Turkey and to ensure accurate technical assessments specific to healthcare law, it is crucial to conduct the process with an experienced lawyer. As Karanfiloğlu Law Firm, we provide comprehensive and professional legal support at every stage of mediation, litigation, and complaint processes in medical malpractice disputes involving foreigners.

What are the legal avenues available in Turkey for malpractice lawsuits filed by foreigners?

Mandatory Mediation Process: In Turkey, it is mandatory to apply for mediation before filing a lawsuit for material and moral damages against private hospitals and private healthcare institutions. This rule also applies to foreign patients, and providing interpreter support and accurately expressing claims during the mediation process is of great importance.
Right to File a Compensation Claim: Foreigners who suffer damages due to malpractice can file a compensation claim in civil courts for material damages (medical expenses, loss of earnings, caregiver costs, etc.) and non-pecuniary damages. In cases involving interventions in public hospitals, legal action is taken in administrative courts, while in private hospitals, legal action is taken in civil courts.
Complaint under Criminal Law: If there is an allegation that a medical intervention caused negligent injury or negligent death, foreigners can file a criminal complaint with the Public Prosecutor's Office. This process can be conducted independently of a compensation lawsuit and aims to assess the criminal liability of the physician.
Professional and Administrative Complaints: Foreign nationals may file complaints with the Provincial Health Directorates, the Ministry of Health, or the relevant professional chambers regarding the physician or healthcare institution in question. These complaints may result in disciplinary investigations and may serve as evidence in legal proceedings.
Seeking Expert Legal Support: Ensuring a proper distinction between malpractice and complications, avoiding missed deadlines, and preventing foreign nationals from suffering loss of rights requires the assistance of a lawyer specializing in healthcare law. This approach allows for the effective utilization of all available legal avenues.

What is malpractice? Malpractice or complication?

According to the World Medical Association, medical malpractice is defined as a physician’s failure to adhere to medical standards, exercise due care, or cause harm to a patient due to lack of knowledge, skill, or negligence during treatment. In Turkish health law, malpractice occurs when there is a discrepancy between the medical intervention that should have been applied and the treatment actually administered, a discrepancy that is contrary to accepted medical principles and based on fault. In contrast, a complication is a risk that can arise, foreseeably or unforeseeably, even if the medical intervention was performed according to medical standards, and is not attributable to the physician’s fault. The fundamental dividing line between malpractice and complication lies in whether or not the physician is at fault; if the physician has exercised due care, acted in accordance with current medical standards, and adequately informed the patient, the resulting negative outcome is considered a complication. However, if there is a deviation from medical standards, incomplete diagnosis, incorrect treatment, or failure to take necessary precautions, this is considered malpractice, not a complication, and leads to legal liability.

What are some common examples of medical malpractice among foreigners in Turkey?

Incorrect or delayed diagnosis, leading to disease progression or reduced chances of treatment.
Faulty surgical interventions, practices contrary to medical standards during surgery, or intervention in the wrong organ/region.
Inadequate postoperative follow-up and care, failure to perform necessary check-ups in a timely manner.
Failure to obtain informed consent from the patient or failure to clearly and understandably explain the risks, alternatives, and outcomes of the treatment to a foreign patient due to a language barrier.
Prescribing the wrong medication, administering the wrong dose, or failing to consider the patient’s allergies and medical history.
Failure to perform necessary tests, initiating treatment with incomplete investigation, or misinterpreting the results. Harm to the patient due to lack of knowledge, experience, or care on the part of healthcare personnel.

How is the legal responsibility of a physician assessed in malpractice cases involving foreigners in Turkey?

In Turkey, in medical malpractice cases, a physician’s liability is assessed based on whether the medical intervention was performed in accordance with professional standards and whether the physician was at fault. For a physician to be held liable, there must be conduct contrary to medical standards, harm resulting from this conduct, and an appropriate causal link between the harm and the physician’s action. Situations such as failure to exercise due diligence during diagnosis and treatment, insufficient patient information, failure to obtain informed consent properly, and incomplete or inaccurate medical records can all lead to legal liability. Conversely, if a physician has acted within the framework of accepted medical rules, exercised due diligence, and informed the patient, but the resulting negative consequences are considered complications, and no liability arises. For foreigners, correctly making this distinction requires expert examination and specialized legal assessments.

How does the process of claiming financial compensation in malpractice cases in Turkey work for foreigners?

For foreigners to be able to claim compensation for medical malpractice in Turkey, the process begins with a legal and medical assessment to determine whether the incident constitutes malpractice or a complication. In lawsuits for material and moral damages against private hospitals and private healthcare institutions, mandatory mediation is required as a prerequisite to filing a lawsuit. This stage offers a significant opportunity to resolve the dispute before litigation. At Karanfiloğlu Law Office, we conduct the mediation process professionally from start to finish to ensure our foreign clients do not suffer any loss of rights due to language, legal, and procedural differences. If mediation fails, a compensation lawsuit is filed in the competent court, and the trial process continues based on expert reports and medical records.

How does the process for claiming moral damages in malpractice cases against foreigners work in Turkey?

Frequently Asked Questions Regarding Medical Errors and Malpractice Law and Legal Procedures in Türkiye

1) I Had Cosmetic Surgery in Turkey but I’m Not Satisfied at All, What Can I Do?

Under the Turkish Code of Obligations, cosmetic surgeries are considered a ‘contract for work’ rather than a patient-doctor relationship. Within this framework, you can sue for incomplete or unsatisfactory surgical cosmetic procedures.

2) In a Malpractice Case, Does the Doctor or the Hospital Pay the Compensation?

Generally, the doctor is responsible, but if the doctor is employed by a hospital, the hospital may also be liable for compensation. In some cases, both may pay together, so it’s important to clearly determine who is responsible when filing a lawsuit.

3) The Expert Report in My Malpractice Case Came Out Against Me, What Can I Do?

Even if the expert report is against you, don’t give up! You can appeal to the court, request an additional expert examination, or a counter-expert report. You can also refute any missing or erroneous points in the report with legal arguments. Working with an experienced lawyer during this process is the safest way to prevent loss of rights.

4) I want to file a malpractice lawsuit in Turkey, but I’m unable to travel there. How does the lawsuit work?

Even if you don’t come to Turkey, you can still file a lawsuit. Your lawyer will submit the lawsuit petition on your behalf, gather the necessary documents, and follow the process. Your lawyer will also represent you at court hearings through a power of attorney; in some cases, you can even give your testimony via video conference. So, even if you are not physically present, you can pursue the lawsuit without losing your rights.

5) How long does a malpractice lawsuit for foreigners in Turkey take on average?

Malpractice lawsuits vary depending on the complexity of the case and the duration of expert examinations. Simple compensation lawsuits can generally take 1-2 years, while complications, multiple parties, or additional expert examinations can extend the process to 3-5 years. If a mediation process is applied, this may slightly delay the start of the lawsuit, but it often helps the process proceed more quickly and smoothly.