Turkish Medical Malpractice Lawyers: Medical malpractice is a critical concern worldwide, as patients place their trust in the hands of healthcare professionals to receive safe and effective treatment. In Turkey, the legal landscape surrounding medical malpractice is evolving through supreme court decisions day by day to ensure patient rights are protected, and this has led to the emergence of Turkish medical malpractice lawyers who play a pivotal role in seeking justice for victims and upholding healthcare standards.
For the last couple of years, we can say that there has been a significant increase in medical malpractice lawsuits in Turkey, filed against healthcare professionals and providers. Especially in recent years, with the devaluation of the Turkish Lira against Dollar, Euro and Sterling, foreign tourists prefer Turkey as their frequent destination for their esthetic operations.
However as a result of absence of a health tourism authorization certificate for intermediary organizations operating in health tourism sector, the offering of services by health tourism companies on the internet that differ greatly in quality from the promised VIP services, the lack of one-on-one consultations between the doctor and the patient in arranged hospitals, the employment of foreigner doctors in clinics without equivalence certificates or medical interventions performed by individuals who are not legally doctors, and/or patients undergoing multiple different aesthetic surgeries at the same time, a series of malpractice cases occur.
This article prepared by our Turkish medical malpractice lawyers delves into medical malpractice cases in Turkey, the significance of lawyers specialized in health law, responsibilities and services of Turkish medical malpractice lawyers in Turkey, and the legal framework that guides their actions. With this article, we aim to inform our malpractice victim client candidates briefly by explaining the legal remedies applicable for their cases.
Legal Definition of Medical Malpractice in Turkey
The medical profession is inherently risky in nature, and the work of physicians is directly related to the protection of individuals’ right to live and bodily integrity. Therefore, physicians are required to conduct themselves in their medical practices in accordance with medical standards and demonstrate the care expected of them within the framework of professional ethical rules.
Failure to comply with medical standards and the lack or absence of the expected care within the framework of professional ethical rules may bring about the responsibility of physicians.
Medical malpractice, as defined by the World Medical Association, is ‘damage caused by a physician’s failure to perform standard practice, lack of skill, or failure to provide treatment to the patient during treatment.’ In our view, medical malpractice refers to any intentional or negligent act by a healthcare professional resulting from any medical intervention that harms the patient’s bodily integrity and health, or causes negative consequences in the patient’s body, or contributes to the growth/progression of the resulting negative consequences.
The physician’s liability for damages caused As a result to faulty application, failure to adhere to medical standards, and negligent behavior the physician will be held liable for damages caused on patient.
What are the Differences of Medical Malpractice and Complication?
If the duty of care and attention has been fulfilled, and the intervention has been carried out in accordance with medical standards, yet the patient experiences unchanged negative outcomes, the resulting undesired outcome is considered a complication.
When a medical intervention is applied correctly and completely, the physician will not be held responsible for complications that may arise in the patient. However, it is crucial to emphasize at this point that, for the physician not to be held responsible for complications, the physician must have informed the patient about the complications and obtained their consent in accordance with the law.
Therefore, making a correct distinction between medical malpractice and complications is of utmost importance. As a result of actions constituting medical malpractice, physicians may face two types of lawsuits: compensation lawsuits filed for the compensation of material and moral damages that arise, and criminal lawsuits filed when the physician’s actions constitute crime.
Of course, whether the physician’s intervention is considered malpractice or not, whether actions of the physician falls within the scope of complication or not, whether the physician is at fault or not are elements that will be detailly examined by Health Sicences University experts and/or Institution of Forensic Medicine experts that will be appointed to the case by the court.
Common Examples of Medical Malpractice in Turkey
Medical practice errors (malpractice) primarily occur due to diagnostic errors, treatment errors, preventive treatment errors (such as inadequate patient follow up), and equipment errors connected to medical procedures, negligence, and application. The most common actions constituting malpractice that we encounter are as follows:
- Failure to fulfill the promised result (for example, correction of the crooked nose) in aesthetic operations.
- Malpractice related to anesthesia errors such as giving an overdose of one or more anesthesia drugs, dispersing anesthesia drugs to a patient with known allergies, providing little anesthesia drugs leading anesthesia awareness or where the patient is aware of the surgery.
- Not enlightening patient before the operation. Consent taken from the patient must be informed consent. It is not enough for the patient to just give consent for the procedure. The patient should also be informed about risks and complications that may occur during the operation.
- Misdiagnosis of the patient as a result of misinterpretation of laboratory results,
misinterpretation of MRI results, or failure to refer the patient to a doctor who is an expert in the relevant field. - Surgical errors such as use of improper sterilization techniques, performing the wrong surgical technique or procedure, improper care leaded the patient to develop an infection or blood clots.
- Failure of medical professionals to follow up proper procedures of health care such as not having a back-up medical professional in the hospital, prematurely discharging the patient, failing to follow up condition of patient with test results, failing to provide patient with proper instructions after surgery.
- Suicide of a mentally ill patient due to lack of clinical observation and patient follow up.
It is not possible to limit examples of medical malpractice with the examples we provide above. In order to learn whether if you are a victim of medical malpractice or not, you can consult our medical malpractice lawyer in Turkey and obtain a detailed case evaluation.
Legal Framework for Medical Malpractice:
In Turkey, medical malpractice falls under the broader scope of civil law, and specific regulations guide how these cases are handled. Articles relevant to construction agreements and tortious act regulated under the Turkish Code of Obligations outlines the legal basis for medical malpractice claims, stipulating the duty of healthcare providers to provide a certain standard of care to their patients.
Additionally, the “Turkish Medical Association’s Medical Deontology Regulation” sets ethical standards for medical practice too, which can also serve as evidence in medical malpractice cases. For protection of patient rights medical malpractice lawyers in Turkey use the legal framework below for medical malpractice cases:
- Constitution of Turkish Republic
- Law on the Protection of the Consumer
- Turkish Obligations Code
- Turkish Criminal Code
- Turkish Medical Association’s Medical Deontology Regulation
- Patient Rights Regulations
Medical Malpractice Lawsuits in Turkey
Medical malpractice in general can be defined as harm caused by the physicians due to failure to perform the standard procedure during an operation or a treatment. If presence of action constituting malpractice is detected, doctors and related institutions that provide healthcare services can be legally held liable.
Medical malpractice occurs when a hospital or a doctor causes an injury to a patient through their negligent actions or omissions. Failure to fulfill the promised result in aesthetic operations and dental treatments constitutes medical malpractice too.
Victims are generally not left with the aesthetic result they have asked the doctor to make. Since aesthetic surgeries are defined as construction agreements in our law system as per Turkish Obligations Code, the doctor is obliged to perform the result he undertook. So if we are able to prove with evidences that the doctor didn’t comply with his promise, result of the operation will be considered as medical malpractice.
On the other hand there might be other actions of doctor constituting medical malpractice too in each case, we have come face to face with cases where for example the hospital or the doctor is changing the fees right before the operation, charging you more, not making an allergy test before the operation, not making pregnancy tests, not informing the patient about risks and complications before the operation, making the operation or the surgery in an unhealthy environment thus causing infection, using low quality implants, using wrong method or surgical technique or directly conducting the wrong type surgery.
Examples of medical malpractice are not limited with these and can be extended. But in general in each case we detect more than one action constituting medical malpractice. In order to obtain a case evaluation you can contact with our Turkish medical malpractice lawyers and obtain more information relevant to your case and learn if you have a case or not.
Turkish health law plays a pivotal role in shaping the healthcare landscape and safeguarding the rights of patients and healthcare providers. It provides a legal foundation for ensuring the ethical and professional conduct of medical practitioners, maintaining the quality of healthcare services, and establishing mechanisms for addressing disputes and grievances.
Medical malpractice lawsuits in Turkey can broadly be categorized as civil malpractice lawsuits and criminal malpractice lawsuits.
If actions of the doctor constitutes medical malpractice, if the hospital you took the operation in is a private hospital, you can file a civil litigation with material and moral compensation claims before the consumer courts based in Turkey. Before filing a civil litigation, we send a warning letter to the hospital and the doctor and provide them a specific period of time so that they can compensate the amount.
The purpose of issuing a warning letter is to remind to the addressees of the pain and suffering the victim has experienced due to their actions constituting medical malpractice, of the patient’s rights, the material and moral damages the victim has suffered and the legal remedies that can be taken if the damage is not compensated by the addressees.
Such a notice is being issued legally by a notary public based in Turkey and is used as evidence for a civil lawsuit or a criminal complaint to be filed which also proves that the remedy of applying to the addressee has provided no solution on the matter.
If the hospital, the clinic and/or the doctor is not willing to compensate the amount upon safe receipt of the warning letter and within the time period granted, then we proceed with mediation phase on behalf of our clients since it is cause of action, meaning that if you don’t apply to mediation and directly file the lawsuit, your lawsuit might be rejected by the judge due to lack of cause of action.
Mediation is a dispute resolution method as per the Code of Civil Procedure and it is possible to close most of the cases through mediation if the healthcare provider is not a high turnover hospital.
Generally high turnover hospitals are in the tendency to not close the file with settlement. If parties are not willing to settle through mediation, our medical malpractice lawyer in Turkey proceed with civil litigation with material and moral compensation claims which will take around 3 to 4 years depending on workload of the court of first instance, court of appeal and the supreme court.
The victim can claim his/her surgery costs, expenses suffered after the surgery, accommodation and flight costs related to surgery and revision surgery, revision operation costs, emergency treatment costs and loss of income or compensation due to incapacity to work. Moral compensation amount on the other hand will be determined by our lawyers in accordance with the material compensation amount and in an amount that will not constitute unjust enrichment as per Turkish law.
On the other hand, client has the right to also file a criminal complaint against the doctor before the relevant chief public prosecutor’s office. We generally suggest our clients to proceed with both civil and criminal litigation since civil litigation will enable you to collect your material and moral damages while on the other hand, criminal litigation will cause the doctor to be put on trial due to -most of the time- Turkish Criminal Code, Article 89, reckless injury.
We can say that the distinction between civil and criminal malpractice cases serves multiple purposes in the Turkish legal system. Civil cases focus on compensating victims for their losses, while criminal cases prioritize holding professionals accountable for their actions to safeguard public trust in various professions, particularly in healthcare. If client is willing to pursue with criminal complaint, it is important to mention that client shall not to miss the complaint period of 6 (six) months following that you are a victim of medical malpractice.
But even if client misses this period, if a forensics report on his/her civil malpractice case indicating the doctor has gross negligence is obtained, client can proceed with his/her criminal complaint and he/she will not be limited with the complaint period of mentioned 6 (six) months.
Competent and Authorized Courts in Turkey for Medical Malpractice Cases
Cases arising from medical malpractice due to a contract or construction or retainer contract fall within the jurisdiction of consumer courts. Compensation lawsuits against independently practicing doctors due to medical malpractice are filed in consumer courts.
Similarly, lawsuits filed against private hospitals due to medical malpractice are also heard in consumer courts. It is possible to direct legal actions arising from doctor errors due to a contract of construction or retainer contract against both the doctor and the hospital or clinic in the same lawsuit.
The general jurisdictional courts, according to the Law on Civil Procedure numbered 6100, are the courts of the defendant’s place of residence at the time the lawsuit is filed. In cases where the lawsuit is directed against multiple defendants, the court of the place of residence of one of the defendants is considered the competent court.
In compensation lawsuits filed due to malpractice and arising from a contract of construction or a retainer contract, the competent court is the court where the contractual obligations will be performed. If a compensation lawsuit is filed due to malpractice is based on tort, the court of the place where the tort occurred and the court of the place where the damage occurred are also considered as competent courts that plaintiff may choose to file his/her lawsuit.
Statute of Limitations in Medical Malpractice Lawsuits in Turkey
According to Article 72 of the Turkish Code of Obligations, the right to file a compensation lawsuit due to tort is subject to a statute of limitations period of 2 years from the date the victim learns about the damage and the party responsible for compensation.
Since actions constituting malpractice are essentially tortious, malpractice lawsuits against private hospitals or doctors due to tort are subject to a statute of limitations period of 2 years from the date of learning about the damage and the party responsible for compensation, and in any case, 10 years from the date the act occurred.
However, if the right to compensation arises from an offense requiring a longer statute of limitations period under criminal law regulations, the longer period is taken as the basis for the statute of limitations.
Malpractice lawsuits based on a contract for a construction against a private hospital or physician are subject to a statute of limitations period of 5 years. In cases where the doctor has gross negligence in medical practice, regardless of the nature of the procedure, the statute of limitations period is 20 years. In this context, we emphasize that aesthetic surgeries are considered within the scope of a construction contract.
Malpractice Liability in Turkey
Limits of healthcare personnel and hospital liability, Articles that will be applied to the malpractice case and statute of limitation that will be taken as a basis shall be determined by detecting legal relationship established between the patient and the healthcare personnel and/or the hospital.
The legal nature of the relationship established between the self-employed physician and the patient may occur as a contractual relationship and(or tortious act. In cases where the legal relationship is embodied as a contractual relationship, it is generally accepted in the doctrine that the ‘treatment contract’ made between the physician and the patient is in the form of a retainer agreement (Turkish Obligations Code, Article 502, ff.).
However it should be known that ‘treatment contract’ is in the form of contract of construction (Turkish Obligations Code, Article, 470, ff.) if the surgery performed is an aesthetic operation or the treatment took part as dental prosthesis.
In cases where retainer agreement comes into existence as per Article 502 of the Obligations Code, the physician undertakes to conduct a certain work or provide certain services of the patient. In retainer agreements, the physician as the proxy is under a duty of performing the agreed work and is expected to perform the work diligently, to act loyal to the patient and to pay attention to the work agreed upon only.
On the other hand, in the cases where the relationship between the patient and the physician is embodied in the form of a ‘construction agreement’, the physician as the contractor is directly obliged to succeed with the result he undertook towards his patient.
Therefore, when liabilities of the doctor embodied under the retainer contract as the proxy and contract of construction as the contractor are compared, we can say that doctor as the contractor will be under a much heavier liability as per contract of construction articles of the Turkish Obligations Code.
If there is no contractual relationship between the patient and the physician, we can say that provisions of tortious act can be taken as basis of the legal case to be filed against the doctor. The absence of a contractual relationship between the patient and the physician occurs when the patient has entered into a contractual relationship with a private hospital by directly choosing the private hospital first, not the doctor and when the doctor was appointed by the private hospital.
In such cases, malpractice lawsuit can be filed against the doctor again but this time when determining liability of the doctor, provisions of tortious act regulated under Turkish Obligations Code shall be applied.
If the hospital where the patient was taken into operation is a private hospital, it is accepted by the doctrine that the contractual relationship is established between the patient and the hospital, not between the patient and the doctor.
The contract between the patient and the private hospital is called the ‘hospital admission contract’. The doctor made the intervention, surgery or treatment cannot be considered as one of the parties of such contract.
Depending on the type of operation, the hospital admission contract can come into existence as a retainer agreement or construction agreement just like it does for the medical contracts we specified above.
For the cases where the patient directly choses and applies to the hospital, Supreme Court too indicates that a contractual relationship established between the patient and the hospital and hospitals responsibility is liability without fault (absolute liability) and based on Turkish Obligations Code Article 66 (liability of employer) or based on Article 116 (responsibility from actions of auxiliary persons). In this case, since the lawsuit will be filed against the hospital and the doctor simultaneously, the responsibility of the physician should be evaluated within the scope of tortious act liability.
On the other hand in cases where patient choses the doctor directly and thus contractual relationship is established between the patient and the doctor, if the doctor uses a private hospital/clinic as an auxiliary person for his medical interventions and surgeries, the responsibility for the results of medical intervention performed in the private hospital, as a rule, rests with the doctor who performed the medical intervention, but also the hospital can also be held liable because for not showing the necessary care in the selection of the personnel it employs.
We see that Supreme Court decisions are also in accordance with doctrine and within this scope, 22.05.2003 T., 2003/2333 E., 2003/6348 K. numbered decision of 13th Civil Chamber of the Supreme Court, 2000/118 – 2002/1916 numbered decision of 4th Sisli Civil Court of First Instance and 11.12.2002 T., 2002/13- 1011 E., 2002/1047 K. numbered decision of Supreme Court Assembly of Civil Chambers can be reviewed.
As it can be seen, each legal dispute shall be evaluated in itself, within its own scope, in order for correctly determination of the persons that can be held liable, scope of their liability and Articles that can be applied to the dispute. On the other hand, in civil compensation cases filed due to malpractice, it is sometimess seen that compensation and liability reasons compete. In such cases, Article 60 of Turkish Obligations Code will be applied; if liability of a person depends on multitudiousness of reasons, the judge decides according to liability reasons that provide the best compensation opportunity to the injured party, unless otherwise is provided by law or requested by the injured party.
Validity of Informed Consent in Medical Malpractice Cases in Turkey
In accordance with Article 31 of the Patient Rights Regulation, when obtaining the patient’s consent, the patient or their legal representative must be informed and enlightened about the subject and consequences of the medical intervention. In case of a violation of the obligation to inform, the patient’s consent will not have been obtained in a healthy manner, the patient’s right to determine their own future will have been taken away, and unjust interference with the patient’s physical integrity will result in material and moral damage.
The burden of proving that the obligation to inform and obtain the patient’s informed consent has been fulfilled lies with the physician. Insufficient information is considered equivalent to not informing the patient, and a physician who fails to fulfill the obligation to inform will be held responsible for all damages. Consent obtained through coercion, threat, haste, inadequate information, or deception is not considered valid.
For a written consent given by the patient for surgery to be legally valid, the consent obtained must be informed consent, covering the risks and complications that may arise during the operation, the method to be applied, diagnostic and treatment options, and even the materials to be used during the operation. It should be noted that informed consent is a prerequisite for a medical intervention to be considered lawful. Even if this prerequisite is met, if the medical intervention is faulty, it cannot be claimed that the consent was given for a flawless medical intervention and therefore relieved the physician of liability.
Additionally, obtaining consent hastily without explaining the content of documents just before the intervention, or obtaining consent during or after the intervention, will not constitute valid informed consent. The timing of the information should be well-adjusted, allowing the patient time to think, research the content of the consent text, and ask questions. A consent form with undisclosed content should not be signed by the patient, and there should be no pressure on the patient to sign. On the other hand, it is essential for the information to be provided in the patient’s primary language. If this is not possible, the information should be provided in the patient’s language with the assistance of an interpreter.
Can I Win a Medical Malpractice Lawsuit in Turkey?
As mentioned above, the number of medical malpractice cases opened in Turkey in recent times is quite high. There are many Supreme Court decisions in Turkey where plaintiffs who filed medical malpractice lawsuits have won their cases. Malpractice cases can result in favor of or against the patient depending on different parameters.
Of course, winning the case depends on the evidences brought forward by the patient, expert opinions collected before filing the lawsuit and forensics report obtained in the court case.
Within such a forensics report it is necessary to examine whether the medical intervention is in accordance with law or not, whether the plaintiff’s requests are met by the doctor or not, whether the duty of disclosure is fulfilled or not, and whether the management of complications were done correctly or not as indicated within 2020/1808 E., 2020/2925 K., 09.11.2020 T. numbered decision of 15th Civil Chamber of the Supreme Court.
Therefore, it is crucial to prepare a strong case file before filing a malpractice lawsuit in Turkey, and even obtaining opinions from third-party doctors specialized in the same field. In order to raise your chance to win a malpractice lawsuit in Turkey and strenghten your claims, our lawyers will provide you a detailed and strategic list of evidence so that you can collect your evidences confidently and with peace in mind.
Breach of Patient Confidentiality
The physician and hospital staff must respect the patient’s right to privacy and keep confidential and protect the patient’s health condition, treatment, diagnosis and all other personal information. It should be an important principle applied in hospitals that patient files should not be taken out of the healthcare institution except for legal obligations.
The patient’s information contained in the patient file should not be shown, published or sent to anyone other than the physicians who treat or will treat the patient. When any information is revealed publicly, whether intentionally or negligently, the person who is harmed by the disclosure of the information must be compensated for the material and moral damage suffered.
If such a personal information is revelaed, the person may lose his/her job, be embarrassed in public and his/her Business, social life and relationships may be damaged. In all these cases, the person responsible for the confidentiality of the information will have to pay compensation. The person victimez due to actions constituting breach of patient confidentiality may file a criminal complaint before the chief public prosecutors office under Article 136 and 134 of the Turkish Criminal Code.
According to Article 134 of the Turkish Criminal Code, anyone who violates the privacy of people’s private lives is punished with imprisonment from one to three years. If confidentiality is violated by recording images or sounds, the penalty will be increased. According to Article 136 of the Turkish Criminal Code, anyone who unlawfully gives, disseminates or obtains personal data of another person, that person is punished with imprisonment from two to four years.
If you would like the real persons involved to be investigated and legally punished, you may file a criminal complaint, follow up the investigation dossier and participate in the public case after the bill of indictment is issued through a lawyer. On the other hand, if you have suffered material and/or moral damages due to breach of confidentiality, you can also file a civil lawsuit with material and moral compensation claims before the consumer courts.
If your photos or personal information is published in social media or internet environment you can file a petition before the relevant Criminal Court of Peace for immediate removal of such photos and information. It is beneficial for the client to draw a strategic legal map thus for personalized case evaluation please contact our medical malpractice lawyers in Turkey.
Should I deposit a security in order to file a medical malpractice lawsuit in Turkey?
As a rule, foreign natural and legal persons filing a lawsuit before the Turkish Courts, intervening in a lawsuit filed before the Turkish Courts or filing in enforcement proceedings in Turkish Enforcement Offices must provide security determined by the court to cover the costs of litigation and enforcement as well as the damages of the opposing party. However again as a rule, the court exempts the plaintiff, intervenor, or enforcer from providing such a security based on reciprocity. This matter is explicitly regulated in Article 48 of the International Private and Civil Procedure Law.
The contractual reciprocity regarding exemption from providing security will be ensured in the presence of bilateral or multilateral agreements between the Republic of Turkey and the State whose citizen is the plaintiff, foreseeing the exemption from security.
Among the multilateral agreements foreseeing exemption from security, undoubtedly, the 1954 dated Hague Convention on Civil Procedure stands out. As per Article 17 of the Hague Convention, “No security, bond or deposit of any kind, may be imposed by reason of their foreign nationality, or of lack of domicile or residence in the country, upon nationals of one of the Contracting States, having their domicile in one of these States, who are plaintiffs or parties intervening before the courts of another of those States.
The same rule shall apply to any payment required of plaintiffs or intervening parties as security for court fees. All conventions under which Contracting States have agreed that their nationals will be exempt from providing security for costs or for payment of court fees regardless of domicile shall continue to apply.”.
Thus we can say that plaintiffs that are nationals of Contracting States such as Germany, China, Holland, Israel, Spain, France, Austria, Switzerland, Italy, Romania, Albania will not be obliged to deposit an amount as security. On the other hand, citizens of United Kingdom and Australia, are exempt from providing security in accordance with the Treaty of Judicial Assistance between the Republic of Turkey and the Government of the United Kingdom dated 1931.
Our clients requirement to deposit security while filing a lawsuit is being examined by our Turkish medical malpractice lawyers, and our clients are being duly informed accordingly about the results detected. Conducting such an investigation before filing a medical malpractice lawsuit in Turkey is strategically important and protects our clients due to the fact that if the plaintiff is required to deposit security but fails to do so, the defendant may raise objections regarding security deposit, indicating also that the lawsuit shall be rejected. If you would like to obtain more information on this matter, please contact our Turkish medical malpractice lawyers.
What happens if the private hospital conducted the operation became a Foundation University Hospital?
According to the established precedents of the Supreme Court, foundation universities are considered public legal entities in accordance with Article 130 of the Turkish Republic Constitution and Additional Article 2 of the Higher Education Law, and they operate within the framework of public rules. Therefore, the actions and transactions of the defendant hospital have a public nature. In cases where damages arise from service negligence during the provision of public services, administrative jurisdiction is competent.
With the 13/05/2014 dated and 2014/13-566 E. and 2015/1339 K. numbered decision, the Plenary Session of the Supreme Court’s Civil Chamber ruled that, “Considering that the claim for compensation for material and moral damages due to damages suffered as a result of incorrect treatment falls within the jurisdiction of administrative courts for adjudication and resolution, the decision of the court to dismiss the lawsuit on the grounds of lack of jurisdiction is accurate.”. Through such a decision it was indicated clearly that lawsuits filed with material and moral compensation claims arising from public services, administrative courts have jurisdiction.
When private hospitals where patients undergo to surgeries are sometimes affiliated with foundation universities, the legal procedures relevant to medical malpractice lawsuits change entirely. In such cases, instead of filing a lawsuit against the hospital and the doctor before the Consumer Courts, the lawsuit shall be filed against the Ministry of Health before the Administrative Courts. Before filing such a full remedy action before the Administrative Courts, the patient is obliged as per law to apply to the Ministry of Health first for his/her damages to be compensated first.
If the application of the patient is rejected by the Ministry of Health then the patient can proceed with the full remedy action before the Administrative Courts. Our Turkish medical malpractice lawyers handle all legal procedures relevant to Clients case whether the lawsuit shall be filed before the consumer courts or before the Administrative Courts. In order to detect which law procedure will be applied to your case please contact our Turkish medical malpractice lawyers. We are pleased to assist you with your medical malpractice lawsuit.
The Role of Turkish Medical Malpractice Lawyers
Through Patient Rights Regulation, Article 4, patient rights refer to the rights of individuals who need to benefit from health services, just because they are human, and which are guaranteed by the Constitution of the Republic of Turkey, international treaties, laws and other legislation. And Turkish medical malpractice lawyers, also known as medical negligence attorneys are legal experts who specialize in cases involving healthcare-related errors that cause harm, injury, or death to patients playing a vital role on protection of patient rights regulated with national and international laws. These lawyers offer a vital service in ensuring that medical professionals are held accountable for their actions, and that victims and their families receive compensation for material and moral damages suffered.
These legal professionals are well-versed in medical law, obligations law, ethics, and the intricate details of healthcare procedures. Their role involves investigating cases thoroughly, collaborating with medical experts to detect a breach of duty, and compiling compelling evidence to support their clients’ claims. Turkish medical malpractice lawyers stand up for their clients’ rights and interests and work towards securing fair settlements or pursuing litigation if necessary.
Responsibilities and Services of Turkish Medical Malpractice Lawyers
- Case Evaluation: Turkish medical malpractice lawyers assess the viability of a potential client case by reviewing his/her medical records and evidences, consulting with experts specialized on the field, and determining if the healthcare provider deviated from the standard of care.
- Evidence Collection: Turkish medical malpractice lawyers gather medical records, expert testimonies, and any relevant documents to build a strong case that demonstrates negligence on the part of the healthcare provider. Our Turkish medical malpractice lawyers send a strategic evidence list to our client candidates and expect the client candidate to provide us as many documents as possible stated therein. We ask also our clients to send us the sequences of events with dates which is basically a letter our client is informing us about his/her pre and post operation condition, what he/she has gone through, his/her material damages, name of the liable healthcare personnel and the healthcare provider so that we can explain every detail to the judge appointed to his/her case.
- Skillful Negotiation and Settlement: Some cases are settled out of court. Turkish medical malpractice lawyers negotiate with insurance companies or the opposing party to secure a fair settlement that covers medical expenses, lost wages, and emotional distress if parties are willing to settle.
- Litigation: In cases where a settlement cannot be reached, Turkish medical malpractice lawyers represent their clients in court, presenting evidence and arguments to prove the healthcare provider’s negligence.
- Advocacy: Beyond individual malpractice cases, Turkish medical malpractice lawyers contribute to raising awareness about patient rights and healthcare standards. They may participate in advocacy efforts to improve the legal framework surrounding medical malpractice.
Key Steps To Follow Before Building a Medical Malpractice Case
- Bring Witnesses: Bring a witness with you to the hospital or the clinic. Never take a surgery without taking a witness with you. Your witness can be a family member or a friend, anyone that will witness your experiences in the hospital. Witness statements will be needed for your moral compensation claim too.
- Proof of Payment: Take written proof of your payment. Try to deposit the amount to bank account of the hospital. The biggest mistake you will do is to make payment by hand and take no receipt as a proof of payment. We have seen before clinics acting with bad faith indicating within their reply petition that they haven’t seen or operated such a patient before and claim the lack of capacity to sue.
- Gathering Your Evidences: Make sure you collect documents from the hospital, especially epicrisis/discharge report. Remember that you have the right to ask your patient file.
- Observing Actions of the Personnels: Observe if the hospital will make you sign an informed consent form. If the consent form is not in your language or if your doctor didn’t enlighten you about content of the consent form especially about risks and complications of the surgery that may occur, this situation alone constitutes medical malpractice.
- Consult a Turkish Medical Malpractice Lawyer: If you realize that you are a victim of medical malpractice while you are still in the hospital, call immediately a Turkish Medical Malpractice Lawyer that can come over on-scene, provide you information on the immediate legal steps to be taken to build a strong case, file a formal complaint and collect your evidences along with your patient file.
Medical Malpractice Lawyers in Turkey
Our law firm’s specialization in medical malpractice sets it apart as a legal powerhouse dedicated to addressing issues within the healthcare system. Their team of experienced medical malpractice lawyers in Turkey possesses an in-depth understanding of medical law, obligations law, ethics, and the intricacies of healthcare procedures.
This expertise enables our medical malpractice lawyers in Turkey to effectively navigate the complexities of medical malpractice cases, ensuring that both patients’ rights and professional standards are upheld. Central to our law firm’s mission is the protection of patient rights. In a field where the vulnerable may suffer harm due to negligence or misconduct, the firm has emerged as a staunch advocate for victims seeking justice. By providing a voice to those who have suffered due to medical errors, our law firm not only seeks financial restitution but also contributes to a safer and more accountable healthcare environment.
Should I Deposit a Security in Order to File a Medical Malpractice Lawsuit in Turkey?
As a rule, foreign natural and legal persons filing a lawsuit before the Turkish Courts, intervening in a lawsuit filed before the Turkish Courts or filing in enforcement proceedings in Turkish Enforcement Offices must provide security determined by the court to cover the costs of litigation and enforcement as well as the damages of the opposing party. However again as a rule, the court exempts the plaintiff, intervenor, or enforcer from providing such a security based on reciprocity. This matter is explicitly regulated in Article 48 of the International Private and Civil Procedure Law.
The contractual reciprocity regarding exemption from providing security will be ensured in the presence of bilateral or multilateral agreements between the Republic of Turkey and the State whose citizen is the plaintiff, foreseeing the exemption from security. Among the multilateral agreements foreseeing exemption from security, undoubtedly, the 1954 dated Hague Convention on Civil Procedure stands out.
As per Article 17 of the Hague Convention, “No security, bond or deposit of any kind, may be imposed by reason of their foreign nationality, or of lack of domicile or residence in the country, upon nationals of one of the Contracting States, having their domicile in one of these States, who are plaintiffs or parties intervening before the courts of another of those States.
The same rule shall apply to any payment required of plaintiffs or intervening parties as security for court fees. All conventions under which Contracting States have agreed that their nationals will be exempt from providing security for costs or for payment of court fees regardless of domicile shall continue to apply.”.
Thus we can say that plaintiffs that are nationals of Contracting States such as Germany, China, Holland, Israel, Spain, France, Austria, Switzerland, Italy, Romania, Albania will not be obliged to deposit an amount as security. On the other hand, citizens of United Kingdom and Australia, are exempt from providing security in accordance with the Treaty of Judicial Assistance between the Republic of Turkey and the Government of the United Kingdom dated 1931.
Our clients requirement to deposit security while filing a lawsuit is being examined by our Turkish medical malpractice lawyers, and our clients are being duly informed accordingly about the results detected. Conducting such an investigation before filing a medical malpractice lawsuit in Turkey is strategically important and protects our clients due to the fact that if the plaintiff is required to deposit security but fails to do so, the defendant may raise objections regarding security deposit, indicating also that the lawsuit shall be rejected. If you would like to obtain more information on this matter, please contact our Turkish medical malpractice lawyers.
What happens if the private hospital conducted the operation became a Foundation University Hospital?
According to the established precedents of the Supreme Court, foundation universities are considered public legal entities in accordance with Article 130 of the Turkish Republic Constitution and Additional Article 2 of the Higher Education Law, and they operate within the framework of public rules. Therefore, the actions and transactions of the defendant hospital have a public nature.
In cases where damages arise from service negligence during the provision of public services, administrative jurisdiction is competent. With the 13/05/2014 dated and 2014/13-566 E. and 2015/1339 K. numbered decision, the Plenary Session of the Supreme Court’s Civil Chamber ruled that, “Considering that the claim for compensation for material and moral damages due to damages suffered as a result of incorrect treatment falls within the jurisdiction of administrative courts for adjudication and resolution, the decision of the court to dismiss the lawsuit on the grounds of lack of jurisdiction is accurate.”.
Through such a decision it was indicated clearly that lawsuits filed with material and moral compensation claims arising from public services, administrative courts have jurisdiction. When private hospitals where patients undergo to surgeries are sometimes affiliated with foundation universities, the legal procedures relevant to medical malpractice lawsuits change entirely. In such cases, instead of filing a lawsuit against the hospital and the doctor before the Consumer Courts, the lawsuit shall be filed against the Ministry of Health before the Administrative Courts.
Before filing such a full remedy action before the Administrative Courts, the patient is obliged as per law to apply to the Ministry of Health first for his/her damages to be compensated first. If the application of the patient is rejected by the Ministry of Health then the patient can proceed with the full remedy action before the Administrative Courts. Our Turkish medical malpractice lawyers handle all legal procedures relevant to Clients case whether the lawsuit shall be filed before the consumer courts or before the Administrative Courts. In order to detect which law procedure will be applied to your case please contact our Turkish medical malpractice lawyers. We are pleased to assist you with your medical malpractice lawsuit.
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