Medical Malpractice in Turkey: Lawsuits Against Doctors and Hospitals After Medical Tourism
CONTENTS
1- Medical Malpractice in Turkey and Legal Basis
Turkey is one of the leading countries in the world for health tourism, cosmetic surgery, dental treatment, hair transplantation, obesity surgery, eye surgery and other medical procedures. Thousands of foreign patients travel to Turkey every year for medical treatment. However, in some cases, foreign patients suffer serious harm due to doctor negligence, hospital negligence, lack of informed consent, post-operative errors or poor medical organization.
Medical malpractice in Turkey means that a physician or healthcare provider acts below generally accepted medical standards or fails to show the required professional care, and the patient suffers harm as a result. In order for legal liability to arise, there must generally be a legal relationship between the patient and the healthcare provider, a faulty act contrary to medical standards, damage suffered by the patient, and a causal link between the medical error and the damage.
In private hospitals, the doctor-patient relationship is mainly evaluated under the provisions of an agency contract regulated under Articles 502-514 of the Turkish Code of Obligations. Under Article 506 of the Turkish Code of Obligations, the physician must perform the treatment with loyalty, care and attention, while protecting the patient’s legitimate interests. The required level of care is assessed according to the diligence expected from a prudent professional.
For this reason, a foreign patient who has suffered harm in Turkey may have the right to file a medical malpractice lawsuit in Turkey against the doctor, private hospital, public hospital or other responsible parties, depending on the facts of the case.
2- Common Medical Tourism Malpractice Claims in Turkey
Foreign patients most commonly search for legal help after treatment in Turkey with questions such as: Can I sue a doctor in Turkey?, Can I sue a hospital in Turkey?, What can I do after a failed surgery in Turkey?, Can I claim compensation for medical malpractice in Turkey? and Do I need a medical malpractice lawyer in Turkey?
Medical malpractice claims by foreign patients in Turkey may arise from many different procedures, including:
A poor medical result alone does not automatically prove malpractice. However, where the doctor failed to comply with medical standards, failed to inform the patient properly, ignored complications, used unqualified personnel or failed to organize proper medical care, legal responsibility may arise.
3- Informed Consent: Signing a Form Is Not Always Enough
Medical interventions become lawful only after the patient has given informed consent. Informed consent means that the patient must be clearly informed, in a language and manner that the patient can understand, about the diagnosis, proposed treatment, success rate, duration, risks, possible side effects, alternatives and the consequences of refusing treatment.
In Turkish legal practice, simply obtaining a signature on a general consent form is not always sufficient. The risks must be explained specifically. If the consent form does not clearly state the specific risks and complications of the relevant medical procedure, the consent may be considered legally insufficient even if the form was signed.
The burden of proving that the patient was properly informed generally belongs to the doctor or hospital. Therefore, in medical tourism cases, it is important to examine whether the foreign patient was actually informed before surgery, whether the information was provided in English or another language understood by the patient, and whether the consent form was specific to the procedure.
4- Who Can Be Sued: Doctor, Private Hospital or Public Hospital?
The responsible parties in a doctor negligence case in Turkey may vary depending on where the medical service was provided. In private hospitals, there is usually a contractual relationship between the patient and the hospital. The private hospital operator may be responsible for the acts of doctors, nurses and other healthcare personnel under the provisions of the Turkish Code of Obligations.
Private hospitals also have a duty to properly select, supervise and organize their medical staff. Assigning an unqualified person, failing to provide adequate post-operative monitoring, failing to respond to an emergency or failing to maintain safe hospital organization may create organizational fault and hospital liability.
In public hospitals, liability is generally based on service fault. In such cases, the lawsuit is usually filed directly against the administration before the administrative courts. If the administration pays compensation, it may later seek recourse from the responsible personnel to the extent permitted by law.
In cases where several persons contributed to the damage, joint and several liability may be relevant. Therefore, before filing a lawsuit, the medical records, hospital status, doctor’s role, informed consent documents and expert evidence should be carefully examined.
5- Compensation Claims After Doctor Negligence in Turkey
A patient who suffers harm because of medical malpractice in Turkey may claim material and moral compensation. In cases of serious injury or death, the patient’s family members may also have compensation rights under Turkish law.
Material compensation may include:
Moral compensation may also be claimed for pain, suffering, psychological distress and violation of bodily integrity. In cases of severe bodily injury or death, close relatives may also request moral compensation.
6- Which Court Is Competent and What Are the Time Limits?
The competent court depends on the status of the hospital or healthcare provider. For malpractice claims involving public hospitals in Turkey, a full remedy action must generally be filed before the administrative courts. For claims against private hospitals and independent physicians, consumer courts are generally competent.
Limitation periods may vary according to the legal basis of the claim. In tort liability, the general limitation period is two years from learning the damage and the liable person, and in any event ten years. In contractual liability, the general limitation period is usually ten years. However, limitation periods and procedural requirements should always be assessed according to the specific facts of the case.
Foreign patients should not wait too long before seeking legal advice. Medical records, consent forms, invoices, photographs, laboratory results, hospital correspondence and post-operative messages may be critical evidence in a medical malpractice lawsuit in Turkey.
7- Malpractice or Complication: Why This Distinction Matters
One of the most important issues in Turkish medical malpractice law is the distinction between malpractice and complication. A complication is an undesired result that may occur even when the physician acts in accordance with accepted medical standards. Malpractice, however, means a breach of medical standards, including poor management of a complication.
Therefore, the fact that a complication occurred does not automatically remove the responsibility of the doctor or hospital. If the complication was not properly diagnosed, monitored, managed or treated, liability may still arise.
For foreign patients, this distinction is particularly important. Hospitals may describe every negative outcome as a “normal complication.” However, whether the event was truly an unavoidable complication or a preventable medical error must be evaluated through medical records, expert review and legal analysis.
8- What Should Foreign Patients Do After Medical Malpractice in Turkey?
If you are a foreign patient and believe that you suffered harm because of doctor negligence, hospital negligence, failed surgery, poor post-operative care or lack of informed consent in Turkey, you should first collect and preserve all documents related to the treatment.
Medical malpractice cases are technical cases. A proper legal assessment requires both legal knowledge and the ability to understand the medical background of the file. For foreign patients, language, distance and access to Turkish medical records may make the process more difficult. Therefore, working with an English-speaking lawyer in Turkey may be important for protecting your rights.
If you or a family member suffered injury, permanent disability or death after medical treatment in Turkey, you may contact our office for legal evaluation of possible claims against the doctor, hospital or administration.
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Legal Process
You may contact us for the legal follow-up of medical malpractice claims in Turkey. Depending on the specific facts of the case, the necessary steps will be explained to you in writing, and the legal process will be followed carefully in order to prevent loss of rights.
Why Tigin & Gençer?
At the beginning of the legal process, an attorney-client agreement is executed with the client, and the case is handled with professional care, responsibility and diligence.
The stages of the legal process are explained to the client, and possible legal developments are communicated in writing.
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