Health Law & Advisory

It referred to as the false medical practice in terms of medical law; these are undesirable events that arises under the responsibility of the doctor in the diagnosis, treatment, care and post-care period and directly affect the vital and health status of the patient.

The complication is an unexpected and undesirable condition resulting from medical intervention. These are the negative situations that cannot be prevented by the physician with due care.

According to Turkish legal system, for the cases between doctors and patients the court considers the determination made by the medical experts. This medical expert mainly is the Forensic Medicine Institution called “Adli Tıp Kurumu” in Turkish.

To file a claim in Turkey, the patient must demonstrate that there was an injury or harm resulting from the healthcare professional's negligence, establish a direct relationship between the professional's actions and the injury, and prove that the standard of care was not met. Contracts between the professional and the patient may also play a significant role in determining the presence of malpractice.

The initial step usually involves gathering evidence such as medical records, expert testimony and witness statements. Parties are required to undergo mediation before filing a complaint in court, and if mediation fails to result in an agreement, the plaintiff may then move forward with court proceedings.

In a medical malpractice case in Turkey, the burden of proof lies with the patient. The patient must provide evidence, such as medical records, billing statements, contracts with the healthcare provider, and expert testimony, to demonstrate that the care received did not align with the standard that was expected or agreed upon.

In the Turkish judicial system, medical malpractice cases often rely heavily on the opinion of a court-appointed expert, typically the Forensic Medicine Institute. The court tends to make its decisions based on the report prepared by this institute, underlining the crucial role it plays in the process.

In the Turkish legal system, parties are required to attend official mediation meetings before they can file a medical malpractice complaint with the court. This process aims to find an amicable resolution. If mediation fails to achieve an agreement, then the plaintiff secures the right to pursue the case in court.

There are limits of time for malpractice claims, in brief; 1 year for administrative courts, 2 & 5 years (depends on the type of liability) for civil courts for compensation and 6 months for criminal courts (depending on the situation).

It may vary depending the court but approximately took around two (2) years for the first instance court. If there are three courts of instance that the lawsuit lasts, it may take around four (4) and five (5) years.

Yes, foreign medical reports provided that compliance with the rules of medical science can be used as evidence in courts of Turkey. Turkish translation may be required.

Basically, financial compensation (treatment expense, loss of earnings, etc.) and moral compensation (amounts are depending on the situation & harm) are requested from the doctor and/or hospital/clinic before the court.