Compensation for Permanent Injury Caused by Medical Treatment in Turkey

A medical procedure that results in permanent injury can fundamentally change a patient’s life.

The consequences may continue long after the patient has left the hospital.

A person may lose part of the function of an arm or leg, suffer permanent nerve damage, develop chronic pain, live with permanent scarring or disfigurement, lose the ability to perform his or her profession, require repeated corrective operations or need medical support for the remainder of his or her life.

These consequences can be particularly difficult for international patients who travelled to Turkey specifically for medical treatment.

A patient may undergo surgery in Istanbul, Antalya or Izmir, return to the United Kingdom, Germany, France, Belgium, the Netherlands, Ireland, Canada, the United States or another country, and only later discover that the damage is permanent.

This frequently leads to several important questions:

Can a foreign patient claim compensation for permanent injury caused by medical treatment in Turkey?

How is permanent disability compensation calculated?

Can future loss of earnings be claimed?

Can the patient recover the cost of corrective treatment abroad?

What if the patient can still work but has a permanent disability?

Can compensation be claimed for permanent scars or disfigurement even where income has not decreased?

What if the hospital argues that the injury was merely a complication?

Can legal proceedings be started after the patient has already returned home?

Under Turkish law, a foreign patient may potentially claim substantial compensation where permanent bodily injury is causally connected to legally attributable medical negligence, defective treatment, inadequate informed consent or another recognised basis of liability.

However, permanent injury compensation is not calculated merely by selecting a disability percentage and multiplying it by a fixed amount.

Turkish law distinguishes between different categories of financial and non-financial loss. The patient’s age, profession, income, disability, future treatment needs, working capacity, medical evidence and the specific consequences of the injury can all become relevant.

This article explains how compensation for permanent injury caused by medical treatment in Turkey may be assessed and what international patients should do to protect their legal rights.

What Is a Permanent Injury in a Medical Malpractice Case?

A permanent injury is an injury or physical impairment that does not completely resolve following the normal healing period.

The legal significance of the injury depends on its actual consequences rather than simply the medical terminology used.

Examples of permanent harm after medical treatment may include:

• permanent paralysis;
• loss of function in an arm or leg;
• permanent nerve damage;
• reduced mobility;
• permanent loss of sensation;
• loss of an organ;
• reduced organ function;
• permanent visual impairment;
• permanent hearing impairment;
• permanent facial weakness;
• permanent breathing difficulties;
• chronic pain;
• permanent scarring;
• permanent disfigurement;
• permanent donor-area damage following hair transplantation;
• permanent dental or jaw injury;
• permanent neurological impairment;
• permanent loss of reproductive capacity;
• permanent damage caused by delayed diagnosis or treatment.

A person does not necessarily need to be completely unable to work in order to have a compensable permanent bodily injury.

A patient may continue working while nevertheless suffering a measurable loss of physical capacity, increased effort in performing the same work, reduced career opportunities or a permanent deterioration in quality of life.

These different consequences may fall under different heads of damages.

Turkish Law Expressly Recognises Compensation for Bodily Injury

The starting point for financial compensation is Article 54 of the Turkish Code of Obligations No. 6098.

Article 54 identifies four principal categories of bodily injury loss:

1. treatment expenses;
2. loss of earnings;
3. losses arising from reduction or loss of working capacity; and
4. losses resulting from impairment of economic prospects.

This provision is particularly important in permanent medical injury cases.

It demonstrates that compensation is not limited to reimbursement of the original hospital bill.

Depending on the evidence, a patient may have claims concerning both past and future consequences of the injury.

Treatment Expenses Can Extend Beyond the Original Hospital Bill

Where negligent medical treatment causes permanent harm, the patient may require extensive additional healthcare.

Potential expenses can include:

• corrective surgery;
• rehabilitation;
• physiotherapy;
• medication;
• neurological treatment;
• pain-management treatment;
• psychological or psychiatric support connected with the bodily injury;
• dental reconstruction;
• prosthetic devices;
• future diagnostic examinations;
• nursing or professional care where medically necessary;
• additional specialist treatment.

The key legal issue is causation.

The patient must generally show that the additional treatment became necessary because of the injury attributable to the defendant.

For international patients, this can become particularly important because corrective treatment in their home country may be substantially more expensive than the original treatment in Turkey.

For example, a patient may pay €7,000 for surgery in Turkey and later require €35,000 of corrective treatment in Germany.

The Turkish court does not simply compare the two prices.

Instead, it may need to examine:

• whether corrective treatment is medically necessary;
• whether the treatment relates to the original injury;
• what treatment is reasonably required;
• whether future treatment is probable;
• whether the claimed costs are documented.

Independent specialist reports and written treatment plans can therefore be extremely valuable.

Can the Cost of Corrective Treatment in the UK or Europe Be Claimed?

Potentially, yes.

There is no general principle requiring a foreign patient to obtain all corrective treatment in Turkey merely because the original medical procedure occurred there.

If the patient returns home and requires medically necessary treatment, the resulting expenses may potentially become part of the compensation claim where the requirements of liability and causation are satisfied.

The patient should preserve:

• medical reports from the second healthcare provider;
• written recommendations for corrective treatment;
• invoices;
• quotations;
• hospital bills;
• medication receipts;
• radiological records;
• photographs;
• proof of payment.

A written report explaining why revision surgery or another treatment is necessary is generally more useful than a simple price quotation.

Loss of Earnings Is a Separate Category of Damage

Permanent medical injury may result in both temporary and permanent income loss.

Consider a patient who normally earns €6,000 per month.

Following negligent surgery, the patient cannot work for six months.

The six months of lost income may constitute one category of financial damage.

But what if the patient then returns to work at a lower salary because permanent physical limitations prevent him from performing his former position?

That longer-term reduction may raise a separate claim concerning loss of working capacity.

Article 54 expressly distinguishes loss of earnings from losses arising from reduction or loss of working capacity.

Foreign claimants should therefore document both:

past income actually lost, and

future earning ability affected by the permanent injury.

How Can a Foreign Patient Prove Lost Earnings?

Evidence depends on how the patient earns income.

An employed claimant may use:

• employment contract;
• payslips;
• salary statements;
• tax records;
• employer confirmation;
• records of sick leave;
• records showing reduced hours or demotion.

A self-employed claimant may need:

• tax returns;
• company accounts;
• invoices;
• financial statements;
• business records;
• evidence of cancelled work.

A professional or business owner may require a more detailed financial assessment.

Where documents are issued outside Turkey, translation and other procedural formalities may be required before they are formally relied upon in Turkish proceedings.

International patients should therefore preserve original financial documentation rather than attempting to reconstruct their income years later.

What Is Loss of Working Capacity?

Loss of working capacity is one of the most important elements of permanent injury compensation.

It concerns the effect of bodily injury on a person’s ability to earn income through work.

A person may lose working capacity completely or partially.

For example:

A surgeon who suffers permanent hand damage may still be capable of working in medicine but may no longer be capable of performing surgery.

A construction worker who suffers permanent leg damage may be unable to perform physically demanding work.

A professional driver who suffers permanent visual impairment may lose the ability to continue the profession.

A model or performer who suffers severe facial disfigurement may experience different economic consequences from a person working in another profession.

The same physical injury can therefore have very different financial effects depending on the individual.

This is one reason why compensation cannot be determined simply by saying:

“The disability rate is 20%, therefore the patient receives a fixed amount.”

The percentage is important evidence, but it is only part of the legal and actuarial assessment.

How Is Permanent Disability Assessed?

Permanent disability and loss of working capacity normally require specialist medical evidence.

The expert assessment may need to address:

• the nature of the permanent impairment;
• the degree of functional loss;
• whether the condition is permanent;
• whether further improvement is medically expected;
• causal connection with the treatment;
• effects on the claimant’s ability to work.

Recent Court of Cassation jurisprudence concerning bodily injury continues to emphasise that permanent disability assessments should be based on detailed and reviewable medical reports, that the appropriate regulatory framework must be applied and that the report should address causation and whether the impairment is permanent.

In medical malpractice litigation, the assessment may involve:

• the Forensic Medicine Institute;
• university medical faculties;
• specialist medical boards;
• other court-appointed experts.

A private medical report obtained in the patient’s home country can be extremely useful, but it may not automatically replace expert examination ordered by the Turkish court.

A Disability Percentage Does Not Equal a Compensation Percentage

This distinction is extremely important.

Suppose a medical report determines that the patient has a 25% permanent impairment.

That does not automatically mean:

“25% disability = 25% of a fixed compensation amount.”

The financial calculation may require consideration of factors such as:

• age;
• profession;
• proven income;
• remaining working life;
• degree of impairment;
• whether the injury affects the particular profession;
• future earning prospects;
• actuarial principles.

The disability report establishes the medical dimension.

The financial impact must then be calculated separately.

What If the Patient Can Still Work?

A patient does not automatically lose the right to compensation merely because he or she continues working.

This is an important misconception.

Some injured patients return to the same job despite permanent disability.

However, they may:

• perform their work with greater physical effort;
• experience chronic pain;
• require more rest;
• lose opportunities for promotion;
• become less competitive in the labour market;
• be unable to perform particular professional tasks;
• have reduced future employment flexibility.

Turkish Code of Obligations Article 54 separately recognises impairment of economic prospects as a form of bodily injury damage.

Therefore, continuing to receive a salary does not necessarily answer the entire compensation question.

The real issue is how the permanent injury affects the person’s economic future.

What Is Loss of Economic Prospects?

Loss of economic prospects concerns a broader deterioration in the injured person’s future position.

Imagine a 28-year-old person who remains employed but suffers a visible and permanent physical impairment.

The injury may reduce:

• future promotion opportunities;
• ability to change professions;
• competitiveness in the labour market;
• ability to perform particular types of work.

This form of loss can be different from a straightforward reduction in salary.

It is expressly recognised in Article 54 as a separate category.

However, the claimant must still provide evidence showing how the permanent injury has affected or is likely to affect economic prospects.

Permanent Scarring Can Be Compensable Even Without Lost Income

A patient may suffer serious permanent physical injury without losing any wages.

This situation is particularly common in cosmetic surgery cases.

For example:

A patient may develop:

• permanent facial scarring;
• breast deformity;
• abdominal disfigurement;
• scalp scarring;
• permanent dental disfigurement.

The patient may continue working and earn exactly the same salary.

Does that mean there is no compensation claim?

No.

Financial earning loss and non-pecuniary damage are legally different concepts.

Permanent damage to bodily integrity can support a claim for non-material compensation even where no loss of salary can be proved.

Non-Pecuniary Compensation for Permanent Injury

Article 56 of the Turkish Code of Obligations gives the court authority to award an appropriate sum as non-material compensation where a person’s bodily integrity has been injured.

Where the bodily injury is severe, close relatives of the injured person may also potentially receive non-material compensation depending on the circumstances.

This provision can become particularly important where a medical error causes:

• paralysis;
• amputation;
• permanent neurological injury;
• major disfigurement;
• permanent nerve injury;
• loss of an organ;
• severe chronic pain;
• other serious permanent bodily harm.

Non-material compensation is not calculated through the same actuarial formula used for loss of earning capacity.

The court considers the individual characteristics and seriousness of the case.

Can Family Members Claim Compensation?

Potentially, in cases involving severe bodily injury.

Article 56 expressly permits non-material compensation to close relatives where the bodily injury is sufficiently serious.

For example, a catastrophic medical injury that leaves a patient permanently dependent, severely disabled or profoundly impaired may also directly affect close family members.

Whether relatives qualify for compensation depends on:

• seriousness of the injury;
• relationship with the patient;
• actual circumstances;
• judicial assessment.

It should not be assumed that relatives automatically receive compensation in every permanent injury case.

Permanent Injury Does Not Automatically Mean Medical Malpractice

This is a critical legal distinction.

A patient may suffer permanent injury despite receiving medically appropriate care.

Every serious medical procedure involves risks.

Therefore, a claimant generally needs to establish more than the fact that permanent damage exists.

The legal analysis normally considers:

Was the medical intervention appropriate?

Was the procedure performed according to accepted medical standards?

Was the injury an unavoidable complication?

Was the complication properly managed?

Was the patient adequately informed about the risk?

Did negligent conduct cause or worsen the permanent injury?

Permanent damage proves the seriousness of the consequence.

It does not by itself prove legal responsibility.

A Complication Defence Does Not Automatically End the Claim

Hospitals and doctors frequently respond to serious injuries by stating:

“This is a recognised complication.”

That may be medically correct.

But the legal investigation should normally continue.

A court may need to consider:

• whether the patient was warned about the complication;
• whether the complication was reasonably preventable;
• whether accepted preventive measures were taken;
• whether the complication was recognised promptly;
• whether it was treated properly;
• whether delay caused permanent damage that could otherwise have been avoided.

For example, an infection may initially arise as a recognised complication.

But permanent injury caused by an unreasonable delay in treating that infection may involve a separate issue of negligence.

The distinction between the occurrence of a complication and management of the complication is therefore essential.

Informed Consent Can Create a Separate Basis of Liability

A healthcare provider’s technical performance is not the only legal issue.

The patient must also generally be adequately informed before medical intervention.

The Turkish Constitutional Court has consistently treated participation in medical decision-making and access to information about medical risks as part of the constitutional protection of physical and moral integrity. It emphasises that, outside exceptional situations, patients should be properly informed and their consent obtained before treatment, with sufficient time to make an informed decision.

This is especially important for foreign patients.

A patient may suffer a permanent complication that was medically unavoidable.

But if that serious permanent risk was never properly explained, the informed-consent process may still require separate examination.

What If the Consent Form Was in Turkish?

International medical tourism frequently creates language problems.

Suppose a patient from London speaks no Turkish.

The patient is handed a Turkish consent form shortly before surgery and instructed to sign it.

After treatment, the patient suffers permanent nerve damage.

The hospital later says:

“The risk was written in the consent form.”

That does not necessarily resolve the issue.

A court may need to examine:

• whether the patient understood the document;
• whether an interpreter was provided;
• whether risks were explained orally;
• when the information was provided;
• whether sufficient time was given to consider the risk;
• whether the particular serious complication was adequately disclosed.

The legal issue is meaningful informed consent, not merely the physical existence of a signature.

Medical Records Become Even More Important in Permanent Injury Cases

Permanent injury claims can take years to evaluate.

Medical records therefore become critical.

The Turkish Constitutional Court has specifically addressed a case involving permanent disability where missing medical records prevented an adequate assessment of whether medical responsibility existed.

In Eyüp Kurt, the claimant developed permanent impairment of his leg following a medical injection. The Constitutional Court emphasised that recording and preserving diagnostic and treatment information is the responsibility of the healthcare institution. Where information that should have been in the patient file is unavailable, that evidential deficiency should not simply operate against the patient.

This principle is highly relevant to foreign patients.

A patient who has suffered permanent injury should seek the complete medical file as early as possible.

What Medical Documents Should Be Collected?

Depending on the treatment, relevant evidence may include:

• admission records;
• consultation notes;
• medical history;
• informed-consent forms;
• preoperative examinations;
• laboratory results;
• radiological images;
• CT, MRI or ultrasound records;
• anaesthesia documents;
• operative reports;
• nursing observations;
• medication records;
• intensive-care records;
• discharge summaries;
• pathology results;
• implant or medical-device information;
• postoperative records;
• complication-management records;
• photographs.

The second healthcare institution’s documents may be equally important.

If the patient returns home and receives corrective treatment, those records may demonstrate both the extent and permanence of the damage.

Permanent Injury and Failure to Keep Medical Records

The absence of medical records can itself become significant.

A hospital should not necessarily obtain an evidential advantage by failing to maintain information that it was responsible for recording.

The Constitutional Court’s permanent-disability jurisprudence makes clear that where missing documentation prevents proper evaluation of whether the medical intervention complied with professional standards, this situation cannot simply be interpreted against the injured claimant.

Patients should therefore document every attempt to obtain their records.

A formal written request made through an authorised representative may be preferable to relying solely on informal WhatsApp messages.

What Happens When the Permanent Injury Results From a Public Hospital?

The legal route differs depending on whether the treatment took place in a private or public institution.

Where injury arises from treatment at a Turkish state hospital or another public healthcare institution, the compensation claim will generally involve administrative law.

The patient normally seeks compensation from the responsible administration through a full remedy action.

Article 13 of the Administrative Procedure Law requires persons whose rights have been infringed by an administrative act to apply to the relevant administration before litigation within one year from learning of the act and in any event within five years from the act, subject to the precise circumstances and statutory rules.

This deadline can be particularly dangerous for foreign patients who return home and delay obtaining Turkish legal advice.

Private Hospital Claims Follow a Different Procedure

Claims involving private hospitals, clinics or doctors are generally dealt with through the civil-law framework.

Depending on the relationship, consumer law may apply.

Where proceedings fall within consumer-court jurisdiction, Turkish Consumer Protection Law Article 73/A generally requires mandatory mediation before filing the lawsuit, subject to statutory exceptions.

This means that identifying the healthcare institution correctly is fundamental.

A public hospital and a private medical centre may involve completely different:

• defendants;
• courts;
• preliminary procedures;
• deadlines.

What If the Treatment Was Part of Medical Tourism?

Since 26 April 2025, Turkey has operated under a new International Health Tourism and Tourist Health Regulation.

The Regulation governs healthcare institutions and intermediary organisations providing services to international patients and replaced the previous 2017 regulation.

For foreign patients, this may create additional issues concerning:

• authorisation of the healthcare institution;
• authorisation of medical tourism intermediaries;
• documentation;
• international patient services;
• billing;
• regulatory responsibility.

A lawyer reviewing permanent injury following medical tourism should therefore investigate not only the treating physician but also the structure through which the patient purchased the treatment.

Can Complication Insurance Be Relevant?

Yes, for certain procedures.

The current international health-tourism regime requires complication insurance for qualifying surgical and interventional procedures carried out in an operating-room environment.

Existing international health-tourism healthcare institutions were required to comply with that insurance requirement by the end of 2025 under the transitional provisions of the 2025 Regulation.

Accordingly, where a foreign patient suffers permanent injury following qualifying surgery performed in 2026, the legal investigation may also examine:

• whether complication insurance existed;
• who the insurer was;
• whether the event falls within coverage.

Insurance is not a substitute for liability analysis.

A policy may cover some complications while excluding others.

Nevertheless, it can become an important additional recovery route.

How Is Future Loss Calculated?

Future loss of working capacity is generally more complex than reimbursement of invoices already paid.

The court may need actuarial analysis.

Factors can include:

• the claimant’s age;
• income;
• proven profession;
• working-capacity loss;
• expected future working period;
• other legally relevant actuarial factors.

The Turkish Code of Obligations states that bodily injury damages must be calculated under the Code and general principles of liability law. Article 55 also expressly applies these bodily-injury compensation rules to claims arising from administrative acts and other circumstances for which the administration is responsible.

This means the principles governing bodily injury compensation are relevant not only to private-law defendants but also to permanent bodily injury caused through public healthcare where administrative responsibility is established.

Important 2026 Change to the Turkish Code of Obligations

Foreign patients and lawyers should be aware that the compensation framework received an important update in 2026.

Law No. 7589 was adopted on 16 July 2026 and published in the Official Gazette on 31 July 2026.

The amendment added provisions to Article 55 of the Turkish Code of Obligations concerning interest on compensation for loss arising from reduction or loss of working capacity.

Under the amended framework, compensation attributable to periods in which the claimant’s income is known and compensation attributable to periods in which future income is not yet known are treated differently for interest purposes. Article 55 also contains a new rule concerning certain payments made before the evidentiary investigation stage.

For permanent injury cases filed or decided under the current regime, this change may materially affect the financial calculation and should therefore be considered in any up-to-date damages assessment.

How Long Does a Foreign Patient Have to Claim Compensation?

There is no single limitation period applicable to every medical injury claim.

The answer depends on matters such as:

• whether the hospital is public or private;
• whether the claim is contractual;
• whether tort law applies;
• whether consumer law applies;
• whether the conduct also constitutes a criminal offence.

For tort-based claims, Article 72 of the Turkish Code of Obligations generally provides a two-year period from the date the injured person learns both of the damage and the person responsible, subject to an ultimate ten-year period from the wrongful act. Where the conduct also constitutes a criminal offence for which criminal law provides a longer limitation period, that longer period may apply.

Contractual claims may be subject to different limitation rules. The general contractual limitation rule under Article 146 is ten years unless another provision establishes a different period.

Public-hospital claims have separate administrative application deadlines.

Patients should therefore never calculate limitation by reading one general provision without first determining the legal nature of the claim.

What If the Permanent Injury Is Discovered Years Later?

Some permanent medical injuries are not immediately obvious.

For example:

• nerve damage may initially be considered temporary;
• an implant may fail progressively;
• neurological problems may become clearer over time;
• a scar may develop abnormally;
• fertility damage may only become apparent later.

The timing of knowledge can be legally important under some limitation regimes.

However, patients should not assume that late discovery automatically gives them unlimited time to sue.

The specific legal basis, date of treatment, date of discovery and relevant statutory periods must be analysed carefully.

Can a Foreign Patient Start the Case After Returning Home?

In many cases, yes.

A patient does not ordinarily lose the ability to pursue a Turkish compensation claim merely because he or she has returned to another country.

A foreign patient may usually appoint Turkish counsel through an appropriate power of attorney.

Depending on the country, this may be completed through:

• a Turkish consulate;
• or a local notarial procedure followed by apostille or other authentication and Turkish translation where required.

An authorised Turkish lawyer may then potentially:

• request medical records;
• investigate the hospital and doctors;
• identify the legal defendants;
• obtain regulatory information;
• initiate mandatory mediation where applicable;
• file the appropriate compensation action;
• coordinate expert evidence;
• conduct substantial parts of the proceedings.

Whether the patient’s personal attendance in Turkey is eventually necessary depends on the individual litigation.

Evidence of Foreign Income Is Particularly Important

International patients often underestimate this point.

If a claimant seeks substantial future loss-of-earnings compensation but provides no reliable evidence of foreign income, proving the financial loss becomes more difficult.

A high-income claimant should preserve documents showing actual earnings.

Examples include:

• payslips;
• annual tax returns;
• employment contracts;
• bonus records;
• pension records;
• business accounts;
• dividend records where relevant;
• professional income statements.

These documents can make a significant difference in a permanent working-capacity claim.

What If the Patient Was Unemployed at the Time of Treatment?

Being unemployed does not necessarily mean that permanent bodily injury has no financial consequences.

The claimant may still potentially suffer:

• loss of future working capacity;
• impairment of economic prospects;
• treatment costs;
• non-material damage.

The assessment depends on the individual’s age, employment history, qualifications and other evidence.

The absence of current employment should therefore not automatically be confused with absence of economic loss.

Can a Child Claim Future Economic Loss?

Potentially.

Permanent injury to a child can be especially serious because the effect may continue throughout an entire future working life.

At the same time, future income is obviously more difficult to predict because the child may not yet have a profession.

Expert and actuarial assessment becomes particularly important.

The Constitutional Court has considered medical-negligence cases involving children with lasting functional impairment and emphasised the need for courts to address material-damage allegations effectively where healthcare service fault has been established.

Claims involving permanently injured children therefore require especially careful assessment of future care and economic consequences.

What If the Patient Needs Permanent Care?

Severe medical negligence can leave a person unable to live independently.

Examples may include:

• severe brain injury;
• paralysis;
• catastrophic neurological damage;
• loss of essential bodily functions.

Such patients may require:

• professional care;
• family assistance;
• rehabilitation;
• special equipment;
• continuing medical treatment.

The financial consequences can extend throughout the patient’s lifetime.

A permanent injury claim should therefore not be settled solely on the basis of the first hospital bills.

Future care requirements must be medically assessed before the full value of the claim can be understood.

Should the Patient Accept an Early Settlement?

Extreme caution is advisable.

A hospital or insurer may offer compensation before the patient’s medical condition has fully stabilised.

At first, an injury may appear temporary.

Months later, specialists may determine that:

• nerve damage is permanent;
• another operation is required;
• the patient cannot return to his previous profession;
• long-term care will be required.

Signing a full and final settlement too early may create serious legal consequences.

Before accepting settlement, the patient should understand:

• whether the injury has medically stabilised;
• whether permanent disability has been assessed;
• whether future treatment has been calculated;
• whether future earnings are affected;
• whether the agreement releases all future claims.

What Should a Foreign Patient Do After Suffering Permanent Injury?

The patient’s health should always come first.

Once urgent medical needs have been addressed, the following steps may help preserve legal rights.

1. Obtain an independent medical assessment.

The patient should understand whether the injury is temporary or permanent.

2. Request the complete Turkish medical file.

Do not rely only on a discharge summary.

3. Obtain records from subsequent hospitals.

These may document the injury after returning home.

4. Preserve photographs and radiological evidence.

Particularly in cases involving scarring, deformity or functional injury.

5. Preserve financial documents.

This includes treatment expenses and income records.

6. Document inability to work.

Medical certificates and employer correspondence can become important.

7. Obtain a written future treatment plan.

Where additional treatment is necessary.

8. Identify whether the original hospital was public or private.

This determines the procedural route.

9. Identify medical tourism intermediaries.

They should not automatically be ignored.

10. Obtain legal advice before signing a settlement or allowing limitation periods to expire.

Frequently Asked Questions About Permanent Medical Injury Compensation in Turkey

Can a foreign patient claim compensation for permanent disability in Turkey?

Potentially, yes. Foreign nationality does not prevent a claim where permanent bodily injury is legally attributable to medical negligence, defective treatment, inadequate consent or another recognised basis of liability.

What compensation is available for permanent injury?

Article 54 of the Turkish Code of Obligations expressly recognises treatment expenses, loss of earnings, losses arising from reduced or lost working capacity and impairment of economic prospects. Non-material compensation may also be available under Article 56.

Can I claim future loss of salary?

Potentially, where permanent injury reduces the claimant’s future earning capacity and the loss can be established through medical, financial and actuarial evidence.

What if I can still work?

Continued employment does not automatically eliminate a claim. A permanent injury may still reduce working capacity, increase the effort required to perform work or impair future economic prospects.

Can I claim compensation for permanent scars?

Potentially, yes. Permanent scarring or disfigurement may support non-material compensation even where no direct salary loss is established.

Can I recover revision-surgery costs in the UK?

Potentially, where the corrective treatment is medically necessary and causally linked to the original wrongful treatment.

Can my family claim compensation?

Where bodily injury is severe, Article 56 permits appropriate non-material compensation to close relatives in qualifying circumstances.

Is permanent disability enough to prove malpractice?

No. Permanent damage proves injury but does not automatically prove negligence. Medical fault, defective performance, consent and causation must still be analysed.

What if the hospital says the injury was a complication?

A recognised complication does not automatically eliminate liability. The court may also examine whether the risk was disclosed, whether reasonable precautions were taken and whether the complication was properly managed.

What if medical records are missing?

Missing records can be highly significant. The Constitutional Court has held in a permanent-disability medical-negligence case that failure to maintain information that should have existed in the patient file should not simply be interpreted against the patient.

Can I bring a claim against a public hospital?

Potentially, but public-hospital claims generally follow administrative-law procedures and require compliance with Article 13 of the Administrative Procedure Law.

Can I sue a private hospital?

Potentially. Private healthcare claims are generally pursued through civil-law mechanisms, with consumer-law procedures potentially applicable depending on the relationship.

Do I need to return to Turkey?

Not necessarily merely to commence or investigate a claim. Many steps may be performed through authorised Turkish counsel.

How is the disability rate calculated?

The rate normally requires specialist medical examination using the legally applicable medical assessment framework. The report should address permanence, degree of impairment and causal connection with the event.

Is there a fixed compensation table?

No single fixed amount applies to every permanent medical injury. Compensation depends on the nature of the loss, income, age, working-capacity implications, treatment requirements and other individual factors.

Conclusion: Permanent Medical Injury Can Lead to Significant Compensation Under Turkish Law

Permanent injury following medical treatment is fundamentally different from a temporary complication.

Its consequences can continue for decades.

A patient may face:

• reduced working capacity;
• lost salary;
• reduced career opportunities;
• repeated corrective surgery;
• permanent rehabilitation needs;
• chronic pain;
• permanent disability;
• serious scarring or disfigurement.

Turkish law recognises these different dimensions of bodily injury.

Article 54 of the Turkish Code of Obligations expressly includes treatment expenses, loss of earnings, losses arising from reduction or loss of working capacity and impairment of economic prospects among compensable bodily injuries.

Article 56 separately permits appropriate non-material compensation for injury to bodily integrity, and in cases of serious bodily injury can extend non-material compensation to close relatives.

The permanent disability percentage is important, but it is not the entire case.

A proper compensation assessment may require:

medical expert evidence,

causation analysis,

income evidence,

actuarial calculation,

future treatment evidence,

assessment of the patient’s profession and future economic position.

The evidence surrounding the original medical treatment is equally important.

Permanent injury does not automatically prove malpractice.

The court may need to determine whether the injury resulted from negligent treatment, an unavoidable complication, inadequate management of a complication, defective performance or inadequate informed consent.

Medical records are therefore critical.

The Turkish Constitutional Court has specifically recognised, in litigation concerning permanent disability after medical treatment, that healthcare institutions bear responsibility for creating and preserving medical documentation and that missing records should not simply operate against the injured patient.

For foreign patients, early action is particularly important.

A patient who returns home after treatment in Turkey should preserve:

the complete Turkish medical file,

subsequent medical reports,

radiological examinations,

photographs,

corrective-treatment plans,

invoices,

proof of income,

employment documents,

WhatsApp and email communications.

The legal route must also be identified correctly.

Claims involving private hospitals may fall within civil and consumer-law mechanisms, including mandatory mediation where applicable. Claims involving public hospitals generally require administrative procedures and are subject to specific preliminary application periods.

International medical tourism adds another layer of regulation.

Since 26 April 2025, healthcare facilities and intermediary organisations operating within international health tourism have been subject to the updated International Health Tourism and Tourist Health Regulation.

Finally, the financial assessment of permanent working-capacity loss must now also take account of the 2026 amendments to Article 55 of the Turkish Code of Obligations, introduced by Law No. 7589, including the new rules affecting interest on working-capacity compensation.

A foreign patient who has suffered permanent disability after medical treatment in Turkey should therefore avoid accepting an early conclusion such as:

“It was only a complication.”

or

“You can still work, so you have no financial loss.”

or

“You already returned home, so you cannot sue in Turkey.”

None of those statements necessarily resolves the legal position.

The case should instead be examined by asking:

What permanent injury exists?

What caused it?

Could it have been prevented?

Was the patient properly informed?

Was the complication managed correctly?

How does the injury affect the patient’s working capacity?

What future treatment will be required?

What effect does the injury have on the patient’s economic future?

What non-financial suffering and permanent bodily harm has occurred?

Which doctor, hospital or healthcare organisation is legally responsible?

A detailed assessment of these questions is necessary to determine the full value of a permanent medical injury claim.

If medical treatment in Turkey has caused permanent disability, loss of bodily function, severe scarring, chronic pain, loss of working capacity or the need for lifelong treatment, obtaining an early legal and medical assessment may be essential to preserving evidence and ensuring that both present and future losses are properly included in any compensation claim.

Legal Disclaimer

This article provides general information concerning permanent medical injury compensation under Turkish law as of September 2026. It does not constitute legal advice for any specific patient, treatment or medical malpractice dispute.

The existence and amount of compensation depend on the healthcare provider, nature and date of treatment, medical evidence, degree of permanent injury, causation, income evidence, expert reports, applicable legal basis and procedural deadlines.

Each case should therefore be assessed individually by appropriate Turkish legal counsel and relevant medical experts.