Medical Malpractice Law in Turkey

Medical malpractice cases are a growing legal field in Turkey, with an increasing number of claims being reported eech year. Medical malpractice (bad perform) occurs when an healthcare professional, such as a doctor fails to provide the necessary care that meets the standard of care expected or agreed of them, leading to injury or harm to the patient. In Turkish jurisdiction, there are laws in place that help to protect patients and hold medical professionals accountable for their actions.

Requirements for Medical Malpractice Claims in Turkey

To file a medical malpractice claim in Turkey, there are a few requirements that must be met. First, the patient must have suffered some form of bodily injury or harm as a result of the medical act by negligence. Second, there must be a direct connection and relation between the medical professional’s actions and the patient’s bodily injury or harm. Finally, the patient must be able to prove that the medical professional did not meet the standard of care expected or agreed of them. The contracts between the professionals and the patients might be also play a significant to determine whether it is a malpractice or not.

The Process of Filing a Medical Malpractice Claim in Turkey

If you believe that you have suffered harm or bodily injury as a result of medical malpractice in Turkey, you can sue the wrongdoer (clinic, doctor, surgeon, hospital) and file a claim with the court. Legal advice is usually the first step; a lawyer can help you gather the necessary evidence and proofs to support your claim, such as medical records, bills, contracts, forms, witness statements, and expert testimony.

Once your lawyer has prepared your case, before filing a complaint with the court, there is an additional process in the Turkish legal system which is called mediation. The parties required to attend the official mediation meetings and if there is no agreement in the mediations part, then the plaintiff obtains to have a right to go to the court. The court will then notify the medical professional which is defendant, who will have a chance to respond to the complaint. If the medical professional admits to the allegations, the case may be settled out of court. However, if they deny the allegations (as in general), the case will proceed to trial.

Court Appointed Expert & Turkish Forensic Medicine Institute

One of the most important parts of the decision in the case is the opinion of the court appointed expert. In the Turkish judicial system, this expert is the Forensic Medicine Institute in the medical property practice files. If the report prepared by the forensic medicine institution is deemed sufficient, the court decides accordingly.

Turkish Medical Lawyer

Medical malpractice laws & regulations in Turkey are in place to protect patients and hold medical professionals liable for their actions. If you think that you have suffered bodily harm or injury as a result of medical malpractice and negligence, legal advice can help you navigate the legal process. Remember, the burden of proof is on the patient to prove that the medical professional did not meet the standard of care expected of them.