🔹 Introduction
Medicine is a field that directly affects human life and requires a high level of expertise. Therefore, physicians are expected to act with a heightened duty of care. However, not every medical intervention yields the expected result. In some cases, misdiagnosis, improper treatment, or surgical errors may worsen a patient’s condition. In such instances, the concept of “malpractice” comes into play—referring to professional negligence by a physician that causes harm to the patient.
Medical malpractice can give rise to both criminal and civil liability. This article provides a detailed overview of the legal grounds, conditions, and litigation process for malpractice-related compensation lawsuits.
🔹 What Is Malpractice?
Malpractice is defined as a physician’s deviation from professional standards, resulting in harm to the patient. According to the Turkish Medical Association, malpractice refers to “harm to a patient caused by ignorance, inexperience, or negligence on the part of a physician.”
Malpractice can manifest in three main forms:
- Diagnostic Error – Misdiagnosis or failure to diagnose a condition
- Treatment Error – Administering the wrong medication, performing an incorrect surgical procedure, etc.
- Lack of Informed Consent – Performing a medical procedure without adequately informing the patient
🔹 Legal Liability of Physicians
When malpractice occurs, the physician may be held legally responsible. This liability can arise under both civil law (compensation claims) and criminal law.
Under Civil Law:
- Pursuant to Article 49 of the Turkish Code of Obligations, a patient who suffers damage due to a physician’s fault has the right to claim compensation for material and moral damages.
- To establish liability, the following four elements must coexist:
- Fault (negligent act of the physician)
- Actual damage
- Causal link between the act and the damage
- Unlawfulness
Under Criminal Law:
- If the malpractice results in death or serious injury, the physician may be held criminally liable under the Turkish Penal Code for negligent injury or negligent manslaughter.
🔹 How to File a Malpractice Lawsuit
Malpractice lawsuits are generally filed before the Consumer Court or the Civil Court of First Instance. The basic steps include:
- Sending a formal notice to the hospital or doctor (not mandatory but useful as evidence)
- Obtaining an expert report confirming the physician’s fault or deviation from standards
- Documenting the damage through medical reports, invoices, lost earnings, etc.
- Respecting the statute of limitations – usually 5 years for private law claims (per Article 72 of the Turkish Code of Obligations). For public hospitals, administrative legal procedures and shorter deadlines may apply.
🔹 Public vs. Private Hospitals
- In public hospitals, compensation claims are typically filed against the administration before administrative courts, and the administration may later seek recourse from the responsible physician.
- In private hospitals, lawsuits can be filed directly against the physician and/or the institution before civil courts.
🔹 Conclusion
Medical malpractice cases not only concern individual rights to health but also impact public trust in the healthcare system. Thus, malpractice litigation serves both as a tool for individual redress and as a mechanism to ensure professional accountability and deterrence.
However, not every unsuccessful medical treatment constitutes malpractice. Courts assess whether the physician fulfilled their duty of care based on the specific circumstances of each case. Therefore, it is crucial that both patients and healthcare professionals understand their legal rights and responsibilities clearly. Doing so helps improve the quality of medical services and ensures fairness in the legal process.
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