Medical Malpractice in Turkey

How to File a Medical Malpractice Lawsuit in Turkey and Claim Compensation for a Doctor’s Error

Updated: October 14, 2026 · Medical malpractice and compensation claims in Turkey

Turkey is one of the world’s leading countries in the field of medical tourism. Every year, thousands of foreign patients travel to Turkey for cosmetic surgery, dental treatment, hair transplants, and other medical procedures. However, some patients may suffer serious harm as a result of medical errors, improper treatment, or unexpected health complications.

Foreign patients who have suffered harm due to medical malpractice in Turkey have the right to claim compensation and initiate legal proceedings against those responsible under Turkish law. This right is available not only to Turkish citizens but also to foreign patients who receive medical treatment in Turkey.

I Had Surgery in Turkey, but the Outcome Was Unsuccessful. What Should I Do?

If you experienced health problems after undergoing surgery in Turkey or if the procedure did not produce the results you expected, the first step is to review your medical records.

Although not every unsuccessful surgery constitutes medical malpractice, improper treatment, surgical errors, insufficient informed consent, or inadequate postoperative care may give rise to liability for compensation.

Therefore, it is important to evaluate the surgical reports, hospital records, and your current medical condition.

I Will Be Returning to My Home Country Soon. What Should I Do Before Leaving Turkey?

One of the main challenges foreign patients face is that they can only stay in Turkey for a limited period. However, medical malpractice lawsuits can take a long time due to expert examinations.

In such cases, requesting a preliminary determination of evidence from the court before filing a lawsuit is an important legal option.

Under Article 400 and the following articles of the Turkish Code of Civil Procedure, when the necessary conditions are met, a court may be asked to conduct an expert examination and document the patient’s medical condition before a lawsuit is filed.

Our law firm evaluates the necessary legal steps to preserve evidence, particularly for foreign patients who must leave Turkey. This allows the patient’s current medical condition and the harm suffered to be documented before litigation, where the legal requirements are satisfied.

Once these procedures have been completed, the patient may return to their home country and continue the subsequent legal proceedings through their lawyer in Turkey. The court has discretion over whether to grant a request for the determination of evidence, and such a determination does not, by itself, conclusively establish medical malpractice.

Can I File a Medical Malpractice Lawsuit After Leaving Turkey?

Yes. Foreign patients who have received medical treatment in Turkey are not required to remain physically present in Turkey throughout the legal proceedings.

They can initiate legal proceedings against the hospital and other responsible parties through a lawyer they have authorized in Turkey.

However, certain stages of the proceedings may require the patient to undergo a medical examination in person or participate in specific procedures. Therefore, preserving medical evidence before leaving Turkey is particularly important.

How Can I Prove That the Doctor Made a Mistake?

The main issue in medical malpractice cases is determining whether the medical intervention complied with accepted medical standards and identifying the cause of the resulting harm.

If the court considers it necessary, it may obtain expert reports from the Turkish Forensic Medicine Institute, relevant medical departments of universities, or panels of medical experts.

During the expert examination, surgical records, the methods used, the patient’s condition before and after surgery, informed consent documents, and the resulting harm are evaluated.

For this reason, patients should preserve all medical reports, photographs, correspondence, and treatment-related documents in their possession.

My Cosmetic Surgery Was Unsuccessful. Can I Get My Money Back?

In procedures such as rhinoplasty, breast surgery, facelifts, and similar cosmetic operations, patients generally expect to achieve a particular aesthetic result.

Under Turkish law, certain cosmetic procedures are considered contracts for work (eser sözleşmesi). Therefore, it is important to examine not only whether the doctor performed the surgery in accordance with medical standards but also whether the result agreed upon by the parties was achieved.

In its decision dated October 10, 2024, numbered 2023/1264 E. and 2024/3353 K., the 6th Civil Chamber of the Turkish Court of Cassation also emphasized the importance of commitments regarding the outcome of cosmetic procedures.

Depending on the nature of the surgery, the contractual agreement, and the outcome, patients may claim a refund of the amount paid, the costs of corrective treatment, or compensation for material and non-material damages.

I Signed a Consent Form Before Surgery. Can I Still File a Lawsuit?

Yes. Signing a consent form before surgery does not mean that the doctor or hospital is automatically released from all liability.

Patients must be adequately informed about the proposed medical intervention, its potential risks, and alternative treatment options.

Furthermore, a patient’s acceptance of certain risks does not eliminate the doctor’s obligation to exercise the necessary medical care and diligence.

Therefore, the signed consent forms and the manner in which the patient was informed are also examined as part of the legal assessment.

How Much Compensation Can I Claim for Medical Malpractice in Turkey?

Patients who have suffered harm due to medical malpractice may claim compensation for material and non-material damages, depending on the circumstances of the case.

Material damages may include the costs of corrective surgery and further medical treatment, loss of income, loss of earning capacity, and other necessary expenses.

Non-material damages are determined by taking into account the physical and psychological effects experienced by the patient.

The amount of compensation is calculated according to the severity of the harm and the specific circumstances of each case.

Is Only the Doctor Responsible for Medical Malpractice? Can I Also Sue the Hospital?

The doctor who performed the surgery may not be the only party responsible for medical malpractice.

Organizational deficiencies within a private hospital, the actions of its employees, or a failure to fulfill its obligations toward the patient may also give rise to legal liability.

Depending on the circumstances of the case, it may be possible to claim compensation from both the doctor and the hospital.

In this respect, examining the hospital’s potential liability is important, particularly for the recovery of any compensation awarded.

My Relative Died After Surgery in Turkey. Can I File a Lawsuit?

If a person dies as a result of a medical intervention performed in Turkey, their relatives may initiate legal proceedings.

Depending on the circumstances, compensation may be claimed for funeral expenses, loss of financial support, and non-material damages. Claims that pass to the deceased person’s heirs may also be considered separately.

Our law firm provides legal assistance with the necessary procedures, translations, and document preparation concerning inheritance certificates and documents establishing family relationships that must be obtained from foreign countries.

Can Criminal Proceedings Be Initiated for Medical Malpractice?

Yes. If a patient is injured or dies as a result of a doctor’s negligent medical intervention, the offenses of negligent injury or negligent homicide may arise, depending on the nature of the incident.

In such cases, a criminal complaint may be filed with the Public Prosecutor’s Office. Following the necessary investigation, criminal proceedings may be initiated if the legal requirements are met.

Criminal proceedings and compensation lawsuits are separate legal processes. Whether both should be pursued depends on the specific circumstances of the case.

What Can I Do If the Hospital Refuses to Provide My Medical Records?

Patients have the right to review and obtain copies of medical records relating to their treatment.

Under Article 16 of the Turkish Patient Rights Regulation, patients may access their medical records either personally or through an authorized representative.

If the hospital refuses to provide the necessary documents, legal steps may be taken to obtain the records.

How Long Do I Have to File a Medical Malpractice Lawsuit in Turkey?

The applicable deadlines and limitation periods in medical malpractice cases depend on whether the treatment was performed at a private or public hospital and on the nature of the legal relationship.

Claims against private hospitals may be governed by the provisions relating to breach of contract, tort liability, and consumer protection law, while cases involving public hospitals may fall under administrative law.

In certain disputes, an application for mandatory mediation or a preliminary application to the relevant administrative authority is required before filing a lawsuit.

Therefore, even if some time has passed since your surgery, it is important to have your case reviewed by a lawyer to ensure that the applicable legal deadlines are not missed.

Our Legal Services for Medical Malpractice Cases in Turkey

At Tigin & Gençer Law Firm, we provide legal assistance to foreign patients who have suffered harm due to medical malpractice, unsuccessful surgical procedures, and medical interventions performed as part of medical tourism in Turkey.

For patients who must leave Turkey, we provide legal services concerning the preliminary determination of evidence before filing a lawsuit, the review of medical documentation, the preparation of compensation claims, and the handling of legal proceedings through an authorized lawyer.

If you have suffered harm as a result of surgery performed in Turkey, you can contact our law firm and share your medical documents to request an assessment of your legal situation.