I had cosmetic surgery in Turkey but I'm not satisfied. What can I do?

Under the Turkish Code of Obligations, cosmetic surgeries are treated as a contract for work rather than a standard patient-doctor relationship. You can file a lawsuit for incomplete or unsatisfactory cosmetic surgery results on this legal basis.

In a malpractice case in Turkey, does the doctor or the hospital pay compensation?

Generally the doctor is responsible, but if the doctor is employed by a hospital, the hospital may also be liable. In some cases both may pay compensation jointly. It is important to clearly determine who is responsible before filing a lawsuit.

What is the difference between medical malpractice and a complication in Turkish law?

Malpractice occurs when a physician deviates from accepted medical standards, makes an incorrect diagnosis, administers incorrect treatment, or fails to take necessary precautions. A complication is a foreseeable or unforeseeable risk that arises even when the intervention was performed correctly and in accordance with medical standards. The key distinction is whether the physician was at fault.

Is mediation mandatory before filing a malpractice lawsuit in Turkey?

Yes. In Turkey, mandatory mediation must be completed before filing a compensation lawsuit for material or moral damages against private hospitals and private healthcare institutions. This requirement applies to foreign patients as well.

Can a foreign patient file a criminal complaint for medical malpractice in Turkey?

Yes. If a medical intervention caused negligent injury or negligent death, a foreign national can file a criminal complaint with the Public Prosecutor's Office in Turkey. This process is independent of any civil compensation lawsuit and focuses on the criminal liability of the physician.

Malpractice Lawyer in Istanbul, Turkey

Q: The expert report in my malpractice case came out against me. What can I do?

An unfavorable expert report is not the end of the case. You can appeal to the court, request an additional expert examination, or obtain a counter-expert report. Missing or erroneous points in the report can be challenged with legal arguments. Working with an experienced lawyer is essential to avoid loss of rights.

Q: I want to file a malpractice lawsuit in Turkey but I cannot travel there. Is that possible?

Yes. Your lawyer can submit the lawsuit petition on your behalf, gather the necessary documents, and represent you at hearings through a power of attorney. In some cases, testimony can be given via video conference. You can pursue the lawsuit without being physically present in Turkey.

Q: How long does a malpractice lawsuit for foreigners in Turkey typically take?

Simple compensation cases generally take 1 to 2 years. Cases involving complications, multiple parties, or additional expert examinations can extend to 3 to 5 years. A prior mandatory mediation process may affect the start of the lawsuit but often helps the overall process proceed more efficiently.

Medical malpractice cases in Turkey can be extremely complex, both for Turkish citizens and foreign patients, particularly when the dispute involves medical records, expert reports, hospital liability, informed consent, surgical complications, or claims for compensation. At Karanfiloglu Law Firm, our Istanbul-based team specializing in medical liability law provides professional legal assistance to individuals who have suffered harm as a result of medical errors, inappropriate treatment, delayed diagnosis, surgical errors, lack of informed consent, or negligence on the part of healthcare professionals in Turkey.

As an experienced medical malpractice attorney in Istanbul, Mr. Kaan Karanfiloglu advises clients on the legal options available following a medical error, including claims for damages, mandatory mediation proceedings, criminal complaints, administrative appeals, and disciplinary complaints against healthcare professionals. Whether the case involves a private hospital, a public hospital, a physician, a surgeon, a dentist, a clinic, or a cosmetic surgery center, we thoroughly evaluate the medical and legal aspects of each claim to determine the most effective legal strategy.

A medical malpractice case requires a clear distinction between professional negligence and medical complications. Not every unfavorable medical outcome necessarily results in legal liability; however, if a healthcare professional fails to act in accordance with recognized medical standards, fails to properly inform the patient, performs an incorrect procedure, delays diagnosis, or causes harm through negligence, the injured patient may be entitled to claim compensation for both pecuniary and non-pecuniary damages. This is why it is essential to retain a lawyer specializing in medical malpractice in Turkey to protect your rights and avoid procedural errors.

Based in Istanbul, the Karanfiloglu Law Firm represents clients in medical malpractice disputes before civil courts, administrative courts, public prosecutors’ offices, mediation offices, the Ministry of Health, provincial health directorates, and relevant professional associations. We assist our clients at every stage of the process, from reviewing medical records and expert reports to filing claims for compensation and monitoring criminal or administrative complaint proceedings.

Our lead attorney, Mr. Kaan Karanfiloglu, is a member of the Istanbul Bar Association under registration number 58270. With extensive experience in litigation, healthcare-related disputes, and client communication, Mr. Kaan Karanfiloglu is regarded as one of Turkey’s leading attorneys specializing in medical malpractice. You can schedule an appointment with him to learn more about your rights, potential compensation claims, and the legal process applicable to medical malpractice cases in Turkey.

Why you may need legal advice after medical treatment in Turkey?

Turkey is a leading destination for medical tourism, and we hope that every patient has a safe and successful experience. In rare cases where unexpected complications occur, the situation can feel especially overwhelming, particularly when you are far from home. If something does go wrong, it can be helpful to seek clear guidance and support. In such situations, you may wish to contact us so we can help you understand your options and next steps with care and clarity. Especially, there are many lawyers requests from patients who had a bad experience of dental, hair and general medical operations in Turkey.

Here is why pursuing a medical malpractice claim in Turkey may be worth understanding:

You have legal rights even as a foreign patient: Turkish law gives foreign nationals the same right to claim compensation as Turkish citizens, with no requirement for residency or private insurance.
Compensation may cover both financial and personal harm: Claims can include medical expenses, travel costs, loss of earnings, ongoing care needs, as well as pain, suffering, and loss of quality of life.
Cases can often be handled remotely: Most of the process can be managed without travelling to Turkey through a power of attorney, with in-person attendance required only in limited circumstances.
Strict legal deadlines apply: Time limits for filing medical malpractice claims are strict, and missing them may permanently affect your right to bring a claim.

Schedule an appointment today for a phone consultation with our lead attorney, Mr. Kaan, to learn more:

Kaan Karanfiloglu Best Turkish Citizenship by Investment Lawyer

Lawyer Kaan Karanfiloglu

Experienced medical malpractice and healthcare lawyer based in Istanbul. Registered lawyer at Istanbul Bar Association. He advises foreign patients on compensation claims, mandatory mediation, and criminal complaints arising from medical errors in Turkey. He speaks English, French, and Turkish. Russian and Chinese language support is also available through experienced translators in our office. Kaan Karanfiloglu's Istanbul Bar Association registration number is 58270 and his Turkey Bar Association Union registration number is 133074. He graduated from Galatasaray University Law School.

Why Choose Kaan Karanfiloglu as Your Medical Malpractice Lawyer in Turkey?

Medical malpractice cases in Turkey are legally and technically complex. The outcome often depends on how quickly action is taken, how well the case is prepared, and whether the correct legal strategy is followed from the outcome. Here is why foreign patients choose Karanfiloglu Law & Mediation:

Specialist knowledge of Turkish healthcare law
Medical malpractice sites at the intersection of civil, administrative, criminal, and healthcare regulation law. We have experience across all relevant areas as they apply to foreign patients.
Clear assessment of malpractice vs complication
We carry out a detailed legal and medical evaluation before advising on whether a claim should proceed, helping avoid wasted time and cost.
Full management of mandatory mediation
We handle the entire mediation process with interpreter support, ensuring your position is clearly and effectively presented.
Comprehensive legal strategy
We assess and pursue all relevant routes, including civil claims, criminal complaints, professional complaints, and cosmetic surgery contract-based claims.
Remote representation and direct lawyer access
Cases are managed through a notarized power of attorney, with direct involvement from Mr. Kaan Karanfiloglu (Istanbul Bar registration no. 58270), supported by multilingual assistance.
Transparent fees
Fixed fees are agreed in advance, with full clarity and no hidden costs.

Medical Malpractice Claims in Turkey in 2026

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?

The following situations frequently give rise to malpractice claims by foreign nationals treated in Turkey:

Incorrect or delayed diagnosis leading to disease progression or a reduced chance of successful treatment
Errors during surgical procedures, including intervention in the wrong organ or area
Inadequate postoperative follow-up and failure to perform necessary check-ups in a timely manner
Failure to obtain informed consent, or failure to explain risks, alternatives, and expected outcomes in a language the patient understands
Prescribing the wrong medication, administering the wrong dose, or failing to account for the patient’s known allergies and medical history
Failure to conduct necessary diagnostic tests, initiating treatment without complete investigation, or misinterpreting test results
Harm caused by inexperience, inattention, or insufficient knowledge 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.g

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 Turkey

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.

Legal Disclaimer: The information provided on this webpage is for general informational purposes only and does not constitute legal advice, legal opinion, or an attorney-client relationship. Legal outcomes may vary depending on the specific facts and circumstances of each case. For advice tailored to your situation, please consult a qualified lawyer.

Updated Date: 24 April 2026