Turkey has become one of the leading destinations for international medical tourism. Every year, foreign patients travel to Turkey for cosmetic surgery, hair transplantation, dental treatment, bariatric surgery, fertility treatment, ophthalmological procedures, orthopaedic surgery and numerous other medical services.

Most treatments are completed successfully. However, medical procedures can sometimes result in serious complications, permanent injuries, unsatisfactory cosmetic results or disputes concerning the quality of treatment.

When this happens, foreign patients frequently ask the same question:

Can I claim compensation for medical malpractice in Turkey even though I am not a Turkish citizen?

The answer may be yes.

Foreign nationality does not prevent a patient from seeking legal protection under Turkish law. Where a doctor, hospital, clinic or another healthcare provider has breached its legal or professional obligations and this breach has caused compensable damage, an international patient may potentially pursue material and non-material compensation in Turkey.

A patient may also have legal remedies even after returning to the United Kingdom, Germany, France, Belgium, the Netherlands, Ireland, the United States, Canada, Australia, the Gulf countries or another jurisdiction.

However, medical malpractice litigation is technically complex. An unsuccessful treatment alone does not necessarily establish malpractice. The claimant generally needs to establish the relevant legal basis of liability, damage and a causal connection between the wrongful conduct and the harm suffered.

This guide explains how foreign patients can claim compensation for medical malpractice in Turkey, what evidence should be collected, who may be responsible, how informed consent affects liability, what compensation may be available and how a patient living abroad can initiate a Turkish legal process.

What Is Medical Malpractice Under Turkish Law?

Medical malpractice can broadly be understood as a failure by a healthcare professional or healthcare institution to perform its obligations in accordance with the medical standards, legal duties and degree of professional care required under the circumstances.

Medical treatment does not guarantee recovery in every case.

A doctor may perform an operation correctly and a recognised complication may nevertheless occur. Therefore, an undesirable medical outcome is not automatically evidence of negligence.

Potential medical malpractice may nevertheless arise in situations involving:

• an incorrect diagnosis;
• an unreasonable delay in diagnosis;
• failure to perform necessary examinations;
• an unnecessary surgical intervention;
• surgical errors;
• treatment performed using an inappropriate technique;
• medication errors;
• anaesthesia errors;
• inadequate monitoring;
• failure to recognise a developing complication;
• improper management of a complication;
• premature discharge;
• failure to provide appropriate postoperative care;
• treatment performed outside the provider’s competence;
• inadequate informed consent; or
• performing a medical intervention without legally valid consent.

The exact legal assessment depends on the facts of each individual case.

For this reason, foreign patients should be cautious about conclusions such as “the procedure failed, therefore there must be malpractice” or, conversely, statements by a clinic that “this is a complication, therefore we cannot be responsible.”

Both statements may be legally incomplete.

Are Foreign Patients Protected by Turkish Medical Law?

Yes.

A foreign patient receiving healthcare in Turkey may benefit from various legal protections regardless of nationality.

Relevant legislation may include:

• the Turkish Code of Obligations No. 6098;
• the Patient Rights Regulation;
• the Consumer Protection Law No. 6502, where applicable;
• healthcare legislation applicable to physicians, hospitals and clinics;
• the Personal Data Protection Law No. 6698;
• the International Health Tourism and Tourist Health Regulation;
• administrative-law rules in cases involving public hospitals; and
• criminal law where the medical conduct may also constitute an offence.

The Patient Rights Regulation gives patients significant rights regarding information, medical records, privacy and consent.

For example, Article 15 requires patients to be informed about matters including the nature of the medical intervention, alternative treatment options, possible risks and complications. Articles 16 and 17 recognise rights relating to the inspection, copying and correction of medical records.

These protections are particularly important for international patients because the patient may have travelled thousands of kilometres based upon representations made by a Turkish clinic, hospital or medical tourism company.

Turkey’s New Legal Framework for International Health Tourism

Turkey introduced a new regulatory framework for international healthcare through the International Health Tourism and Tourist Health Regulation, published in the Official Gazette on 26 April 2025.

The Regulation replaced the previous 2017 framework and regulates healthcare institutions and intermediary organisations operating in international health tourism.

It covers, subject to specified exceptions, patients who travel from abroad to Turkey for medical treatment and foreign tourists who require healthcare while temporarily in Turkey.

Among other things, the Regulation establishes requirements concerning:

• international health tourism authorisation;
• accreditation or certification requirements;
• foreign-patient service infrastructure;
• HealthTürkiye participation;
• intermediary organisations;
• documentation;
• billing;
• supervision; and
• complication insurance for certain surgical procedures.

One particularly significant development concerns surgical and interventional procedures performed in operating-room conditions.

Under Article 6 of the Regulation, healthcare facilities providing qualifying international health tourism procedures are required to obtain complication insurance. Existing institutions were given until 31 December 2025 to comply with this particular requirement.

For procedures performed in 2026 and later, therefore, the existence and scope of the relevant complication insurance policy may be an important issue when analysing a foreign patient’s case.

However, complication insurance should not be confused with automatic compensation.

Whether the insurance responds to a particular injury will depend on the circumstances of the case and the scope and conditions of the applicable policy.

What Must Be Proven in a Medical Malpractice Claim in Turkey?

Medical malpractice claims generally require a detailed analysis of several issues.

Depending on the legal basis of the claim, the court may examine:

1. the healthcare provider’s legal obligation;
2. whether that obligation was breached;
3. whether the patient suffered legally recognisable damage; and
4. whether there is a causal connection between the breach and the damage.

In practice, medical expert evidence is frequently crucial.

Courts may obtain reports from the Forensic Medicine Institute, universities or specialist expert panels.

The medical records are therefore extremely important.

A lawsuit cannot safely be evaluated simply by examining photographs or listening to the patient’s description of what happened.

The full medical history may be required.

Medical Complication or Medical Negligence?

One of the most important distinctions in Turkish medical malpractice law is the difference between a complication and a medical error.

A complication is generally an adverse consequence that may arise even where appropriate medical care has been provided.

Examples may potentially include certain infections, bleeding, nerve damage, wound problems, scarring or other recognised risks, depending on the procedure.

But identifying an event as a recognised complication does not automatically end the legal analysis.

The next questions may include:

Was the patient informed about that particular complication?

Were appropriate precautions taken to reduce the risk?

Was the complication recognised promptly?

Was the complication managed correctly after it occurred?

Did a delay in responding to the complication create additional damage?

Recent Turkish Court of Cassation decisions continue to emphasise the importance of these distinctions.

In a May 2026 decision, the Court of Cassation considered a medical malpractice case in which expert reports concluded that the medical procedure itself had been performed according to medical standards. The Court nevertheless examined separately whether the alleged harm, complication management, causation and other liability requirements had been established.

Accordingly, foreign patients should not automatically abandon a potential case simply because the clinic describes their injury as a “known complication.”

Informed Consent Can Be as Important as the Medical Procedure

One of the strongest areas of protection for patients under Turkish medical law concerns informed consent.

Article 24 of the Patient Rights Regulation establishes the basic principle that medical intervention requires the patient’s consent, subject to legally recognised exceptions.

However, valid informed consent is not necessarily established merely because the patient signed a document.

The patient must be given adequate information.

Under the Patient Rights Regulation, relevant information includes issues such as:

• probable causes and progression of the illness;
• who will perform the intervention;
• where and how it will be performed;
• alternative diagnosis and treatment options;
• benefits and risks of alternatives;
• possible complications;
• consequences of refusing treatment;
• important characteristics of medication;
• important lifestyle recommendations; and
• how necessary medical assistance can subsequently be obtained.

Information must also be provided in a way that the patient can understand. The Regulation requires the explanation to be as simple and clear as possible and adapted to the patient’s social and cultural circumstances. Except in emergencies, the patient should also be given reasonable time before the intervention.

This is especially important for foreign patients.

What If the Consent Form Was in Turkish?

A foreign patient may arrive at a clinic speaking only English, German, French, Arabic, Russian or another language.

If the patient is handed a lengthy Turkish-language consent form shortly before anaesthesia and simply told to sign it, serious questions may arise as to whether meaningful informed consent was actually obtained.

The legal issue is not merely whether there is a signature.

The issue is whether the patient was sufficiently informed in a manner he or she could actually understand.

For international patients, evidence concerning:

• translations;
• interpreters;
• WhatsApp explanations;
• English-language forms;
• emails;
• consultation notes;
• video consultations; and
• discussions with the treating physician

may therefore become highly relevant.

A Major 2026 Court of Cassation Decision on Informed Consent

A particularly important decision was delivered by the 3rd Civil Chamber of the Turkish Court of Cassation on 20 May 2026.

In that case, expert reports found no technical medical malpractice in the treatment itself.

However, the informed-consent documents were considered inadequate.

The Court of Cassation upheld the compensation judgment and noted that the defendants had failed to prove that the patient had been adequately informed orally.

The decision therefore demonstrates an important principle:

A healthcare provider may potentially incur liability concerning informed consent even where the technical medical procedure itself is not considered negligent.

This principle can be particularly significant for international medical tourists because communication and language problems frequently occur during treatment arrangements.

Cosmetic Surgery Malpractice in Turkey

A substantial proportion of international medical malpractice disputes in Turkey involve cosmetic surgery.

Common procedures include:

• rhinoplasty;
• breast augmentation;
• breast reduction;
• breast lift;
• tummy tuck;
• liposuction;
• Brazilian butt lift;
• face-lift;
• eyelid surgery;
• body contouring; and
• combined aesthetic operations.

The legal assessment of purely aesthetic procedures can differ from ordinary therapeutic treatment.

Turkish Court of Cassation jurisprudence has repeatedly considered certain result-oriented aesthetic procedures within the legal framework of a contract for work (eser sözleşmesi).

This classification is important because the promised result may play a greater role than in ordinary therapeutic medicine.

For example, in its decision dated 28 November 2024, the 6th Civil Chamber of the Court of Cassation considered aesthetic face-lift and liposuction procedures in the context of a contract for work. It emphasised both the expected aesthetic result and the importance of informed consent concerning complications.

The Court reaffirmed this approach in another decision dated 23 December 2024 concerning aesthetic surgery.

More recently, in a decision dated 21 May 2026, the Court of Cassation again recognised the contractual importance of the result in aesthetic surgery, while also confirming that the classification does not mean every disappointing outcome will automatically result in liability. In that particular case, expert evidence indicated that the negative outcome could not be attributed to the physician, and the dismissal of the action was upheld.

This is an important warning against overly simplistic claims that “a cosmetic procedure failed, so compensation is automatic.”

Every case must still be proved.

Hair Transplant Malpractice in Turkey

Turkey is one of the world’s largest destinations for hair transplantation.

Disputes may arise from matters such as:

• excessive harvesting of the donor area;
• inappropriate hairline design;
• permanent scarring;
• infection;
• necrosis;
• poor graft survival;
• treatment performed by inadequately qualified personnel; or
• a significant difference between what was represented and what was actually provided.

Patients should retain all promotional material.

This includes Instagram advertisements, website claims, before-and-after photographs, WhatsApp conversations and written assurances.

Where a clinic has expressly represented that a particular doctor will perform the procedure but significant parts of the procedure were actually performed by other persons, the identity and qualifications of everyone involved may become relevant.

Dental Malpractice in Turkey

Dental tourism is another major source of international healthcare in Turkey.

Foreign patients commonly travel for:

• implants;
• crowns;
• veneers;
• bridges;
• full-mouth rehabilitation;
• cosmetic dentistry; and
• oral surgery.

Potential disputes may involve:

• improperly positioned implants;
• nerve injuries;
• unnecessary extraction of healthy teeth;
• incorrect bite or occlusion;
• unsuitable crowns or veneers;
• infection;
• inadequate treatment planning;
• failure to diagnose periodontal disease;
• premature implant placement; or
• failure of extensive restorative work.

The legal analysis must again distinguish between an accepted medical complication and negligent treatment.

Independent dental examination and radiological evidence obtained after returning home may be particularly valuable.

Bariatric Surgery Malpractice in Turkey

Foreign patients also travel to Turkey for procedures such as gastric sleeve surgery and gastric bypass surgery.

These procedures may involve serious potential complications.

Possible legal disputes may concern:

• inadequate preoperative examination;
• surgical errors;
• leaks;
• infection;
• internal bleeding;
• inadequate monitoring;
• failure to recognise deterioration;
• premature discharge; or
• delayed emergency intervention.

Where a patient suffers serious postoperative complications shortly after returning to his or her country, medical records from both Turkey and the subsequent treating hospital should be preserved.

The second hospital’s records can be particularly important in establishing the patient’s condition immediately after the Turkish treatment.

Who Can Be Held Responsible for Medical Malpractice in Turkey?

International medical tourism frequently involves several different companies or individuals.

A patient may have communicated with one business, paid another company and received treatment at a completely different hospital.

Potentially relevant parties may therefore include:

• the treating doctor;
• the private hospital;
• a medical clinic;
• the company operating the healthcare facility;
• another healthcare professional;
• an international health tourism intermediary; or
• potentially more than one party, depending on the facts.

The identity of the correct defendant must be determined carefully.

Patients sometimes know only the commercial Instagram name of the clinic.

That is not enough.

A legal investigation should determine:

• which legal entity received the payment;
• which healthcare institution issued the invoice;
• which physician performed the procedure;
• which entity issued the treatment contract;
• whether an intermediary arranged the treatment;
• whether the healthcare provider possessed the necessary authorisation; and
• which company made the representations relied upon by the patient.

The 2025 International Health Tourism Regulation separately regulates authorised healthcare institutions and intermediary organisations.

Accordingly, the role of a medical tourism company should not be ignored when determining potential responsibility.

Can a Foreign Patient Sue a Private Hospital in Turkey?

Potentially, yes.

Disputes concerning treatment in private healthcare institutions are generally addressed through the civil judicial system, although the precise legal characterisation depends upon the treatment relationship and the parties involved.

Private healthcare disputes may potentially involve contractual liability, consumer law, tort liability or combinations of different legal principles.

The Turkish Consumer Protection Law defines defective services as services that fail to possess contractual or objectively expected characteristics, including characteristics represented by the service provider through advertisements or online materials.

This may become relevant where an international patient purchased a healthcare service from a commercial provider.

Certain medical malpractice disputes against private hospitals and physicians are therefore heard before consumer courts.

Where a consumer-court action is contemplated, mandatory mediation rules must also be considered. Article 73/A of the Consumer Protection Law generally requires mediation before commencing proceedings before consumer courts, subject to the exceptions specified by law.

The correct procedural route should therefore be determined before litigation begins.

What If the Malpractice Occurred in a Turkish Public Hospital?

The procedure can be different.

Medical malpractice claims arising from treatment in state hospitals and other public healthcare institutions may fall within the jurisdiction of the administrative courts.

A claim may then be directed against the relevant public administration rather than proceeding in exactly the same way as a lawsuit against a private clinic.

This distinction is extremely important because administrative claims are subject to specific preliminary application requirements and strict time limits.

Under Article 13 of the Administrative Procedure Law No. 2577, where rights have been infringed by an administrative act, an application generally must first be made to the relevant administration within one year from learning of the act and in any event within five years from the act, subject to the details and exceptions of the applicable legal regime.

A foreign patient should therefore seek advice promptly where the relevant treatment occurred in a Turkish state hospital.

What Compensation Can Foreign Patients Claim?

A successful medical malpractice claim may include different categories of damages depending on the injury.

Under Article 54 of the Turkish Code of Obligations, bodily injury damages may include:

• medical treatment expenses;
• loss of earnings;
• losses caused by reduction or loss of working capacity; and
• losses arising from impairment of economic prospects.

Depending upon the circumstances, a foreign patient may therefore seek compensation for items such as:

Corrective Medical Treatment

If the patient requires another operation because of malpractice, the reasonable cost of corrective treatment may potentially form part of the damages claim.

Additional Hospital Expenses

This may include further medical examinations, operations, hospitalisation, medication or rehabilitation.

Loss of Earnings

If the patient was unable to work because of the injury, provable income loss may potentially be claimed.

This issue can require additional evidence where the patient works outside Turkey.

Employment documents, tax records, payslips and company records may therefore become relevant.

Loss of Working Capacity

Where malpractice causes permanent disability or reduced capacity to work, future financial losses may potentially arise.

Future Treatment Costs

Some injuries require years of medical treatment or future corrective procedures.

Expert evidence may be necessary to calculate such costs.

Travel and Related Expenses

Where additional travel became necessary because of a medical injury, certain reasonable expenses may potentially be considered as part of the financial loss where legal causation can be established.

The exact recoverability of each expense should be assessed individually.

Can Foreign Patients Claim Moral or Non-Pecuniary Compensation?

Potentially, yes.

Under Article 56 of the Turkish Code of Obligations, a court may award an appropriate sum as non-material compensation where a person’s bodily integrity has been harmed. In cases of severe bodily injury or death, close relatives may also potentially be awarded non-material compensation.

This category of compensation may become particularly important where malpractice has caused:

• permanent scarring;
• disfigurement;
• chronic pain;
• disability;
• permanent bodily damage;
• serious psychological suffering resulting from bodily injury; or
• death.

The amount is not automatically calculated using a fixed tariff.

The court evaluates the particular circumstances of the case.

What Happens If Medical Malpractice Causes Death?

Medical malpractice cases can sometimes have fatal consequences.

Where the patient dies, the deceased patient’s relatives or persons financially dependent upon the deceased may have different compensation rights depending on the circumstances.

Claims may potentially involve:

• funeral expenses;
• losses resulting from the death;
• loss of financial support; and
• non-material compensation for qualifying relatives.

Fatal medical malpractice cases may also involve separate criminal investigations.

Civil compensation and criminal liability are separate legal questions and should be analysed accordingly.

How Important Are Medical Records?

Extremely important.

Article 16 of the Patient Rights Regulation gives patients the right to inspect and obtain copies of health-related records personally, through an authorised representative or through a legal representative.

A foreign patient considering litigation should therefore seek the complete medical file.

Depending on the treatment, relevant records may include:

• patient admission records;
• medical history;
• consultation notes;
• preoperative examinations;
• blood results;
• radiological images;
• photographs;
• informed consent forms;
• anaesthesia records;
• operative reports;
• nursing records;
• prescriptions;
• discharge summaries;
• pathology reports;
• implant records; and
• postoperative follow-up notes.

The patient should obtain these records as early as possible.

What If the Clinic Refuses to Provide the Medical File?

A clinic’s refusal should not simply be accepted.

The patient or an authorised Turkish lawyer may make a formal request for the records.

It is useful for the request to be made in a way that can later be proved.

Depending on the circumstances, additional remedies may be available through patient-rights procedures, regulatory authorities, data-protection procedures or judicial proceedings.

A patient should also preserve evidence showing which documents were requested and when.

Preserve WhatsApp Messages and Social Media Advertisements

International medical tourism businesses frequently communicate through WhatsApp, Instagram and other social-media platforms.

These communications can become important evidence.

Foreign patients should preserve:

• WhatsApp conversations;
• voice messages;
• emails;
• photographs;
• screenshots;
• treatment packages;
• price quotations;
• advertisements;
• website pages;
• messages identifying the surgeon;
• representations regarding expected results; and
• postoperative communications.

Do not rely solely on the fact that the information remains online.

Social-media material can be removed.

Contemporaneous preservation is therefore important.

Before-and-After Photographs and Medical Privacy

Health information enjoys heightened protection under Turkish data-protection law.

Under the Personal Data Protection Law No. 6698, health data is classified as a special category of personal data.

This can be particularly important in cosmetic surgery and hair-transplantation cases, where clinics frequently use before-and-after photographs for marketing.

Consent to medical treatment does not necessarily mean unlimited consent to publish photographs or medical information for advertising purposes.

Patients who discover that their medical photographs have been published without a lawful basis may therefore have separate data-protection issues in addition to any malpractice claim.

How Is Medical Malpractice Proven?

Expert medical evidence is normally central to the case.

A court may need to determine:

• whether the procedure was medically indicated;
• whether the correct technique was used;
• whether adequate preoperative examinations were conducted;
• whether the physician complied with accepted medical standards;
• whether an adverse event was a recognised complication;
• whether the complication was properly managed;
• whether informed consent was adequate;
• whether permanent damage exists; and
• whether the alleged malpractice caused the patient’s loss.

This may involve reports from specialist physicians, university medical faculties or the Turkish Forensic Medicine Institute.

Foreign medical reports can also be valuable evidence, although their procedural use in Turkey may require translation and other formalities.

What Documents Should a Foreign Patient Collect?

A foreign patient considering a compensation claim in Turkey should ideally collect:

1. passport and identification information;
2. treatment contract;
3. invoices;
4. payment receipts;
5. bank transfers or credit-card records;
6. medical tourism package documents;
7. clinic advertisements;
8. WhatsApp communications;
9. emails;
10. consent documents;
11. operative reports;
12. discharge reports;
13. prescriptions;
14. radiological images;
15. laboratory results;
16. before-and-after photographs;
17. postoperative correspondence;
18. medical reports obtained after returning home;
19. invoices for corrective treatment;
20. employment or income documents where earnings have been lost.

The more complete the evidence, the more accurately potential liability can be evaluated.

Can I Sue a Turkish Clinic After Returning Home?

In many cases, yes.

Returning home does not automatically eliminate the patient’s ability to seek compensation in Turkey.

A foreign patient may generally appoint a Turkish lawyer to handle substantial parts of the legal process.

A properly authorised lawyer may potentially:

• request medical records;
• communicate formally with the healthcare institution;
• review contractual documents;
• make regulatory applications;
• initiate mandatory mediation where required;
• negotiate a settlement;
• commence litigation; and
• represent the client during court proceedings.

Whether the patient must personally attend Turkey at any stage will depend on the specific case and procedural developments.

Do I Need to Travel to Turkey to Appoint a Lawyer?

Not necessarily.

Foreign clients can often issue a power of attorney through a Turkish consulate abroad.

Depending on the country involved and applicable international rules, another possibility may involve a local notarial document followed by apostille or other legalisation requirements and a Turkish translation.

The correct procedure should be checked for the specific country where the power of attorney is issued.

Therefore, a patient living abroad should not assume that he or she needs to purchase a flight to Turkey merely to begin the legal process.

How Long Do I Have to File a Medical Malpractice Claim?

There is no single limitation period applicable to every medical malpractice dispute.

The applicable period may depend upon:

• whether the healthcare institution is public or private;
• whether liability is contractual or non-contractual;
• the type of contract;
• whether consumer law applies;
• whether the procedure is characterised as an aesthetic contract for work;
• whether the conduct also constitutes a criminal offence; and
• when the damage and responsible party became known.

For example, under Article 72 of the Turkish Code of Obligations, tort-based compensation claims are generally subject to a two-year period beginning when the injured person learns of the damage and the person responsible, and in any event a ten-year period beginning from the wrongful act. A longer criminal limitation period may apply where the claim arises from an act punishable under criminal law and criminal legislation provides a longer period.

Different contractual or administrative deadlines can apply.

Patients should therefore never assume that they have ten years to take action.

The limitation analysis should be performed according to the particular legal basis of the case.

Does Complaining to the Clinic Stop the Limitation Period?

A patient should never assume so.

International patients frequently spend months exchanging messages such as:

“We will fix the problem when you return.”

“The swelling will disappear.”

“Come back in six months.”

“We will arrange revision surgery.”

These discussions may continue while important legal deadlines are running.

Informal negotiations should therefore not be treated as a substitute for analysing limitation periods.

Can the Clinic Offer Revision Surgery Instead of Compensation?

Yes, a clinic may offer corrective or revision treatment.

Whether the patient should accept is a separate medical and legal decision.

Before accepting revision surgery, the patient should understand:

• who will perform it;
• whether there is an additional charge;
• whether the clinic acknowledges responsibility;
• what risks are involved;
• whether the revision may affect evidence; and
• whether any document presented to the patient contains a release or waiver of claims.

The patient’s immediate health must always take priority.

However, where litigation is contemplated, evidence should also be preserved before further intervention where medically possible.

Should a Foreign Patient Obtain an Independent Medical Opinion?

Often, yes.

An independent medical assessment may help identify:

• the nature of the injury;
• whether corrective treatment is required;
• whether the condition is temporary or permanent;
• possible causes of the damage;
• future treatment requirements; and
• whether immediate intervention is medically necessary.

However, an independent report does not automatically replace court-appointed expert evidence.

Its value depends on its content, medical expertise and procedural admissibility.

Can the Case Be Settled Without a Trial?

Potentially.

Medical malpractice claims may sometimes be resolved through negotiations or mediation.

A settlement may involve:

• refund of treatment fees;
• payment of corrective medical expenses;
• additional compensation; or
• a combination of financial remedies.

Whether settlement is appropriate depends on the strength of the evidence, seriousness of the injury and amount of compensation offered.

A foreign patient should be particularly careful before signing a document described as a “refund form,” “settlement,” “release,” or “waiver.”

Such documents may affect future claims.

What Should a Foreign Patient Do After Suspected Medical Malpractice in Turkey?

The patient’s health should always come first.

Where urgent treatment is required, seek appropriate medical care immediately.

After the patient’s condition is medically stable, the following steps may help protect potential legal rights:

First: Obtain the complete medical file.

Second: Preserve every communication with the doctor, hospital, clinic and medical tourism intermediary.

Third: Save invoices, contracts and payment records.

Fourth: Obtain independent medical documentation of the injury.

Fifth: Preserve before-and-after photographs.

Sixth: Identify the legal entities involved in the treatment.

Seventh: Determine whether the hospital or clinic possessed the required authorisation.

Eighth: Have the informed-consent documents reviewed.

Ninth: Determine the correct legal route and applicable limitation periods.

Tenth: Obtain Turkish legal advice before signing any settlement or waiver.

Frequently Asked Questions About Medical Malpractice in Turkey

Can a foreign patient sue a doctor in Turkey?

Yes, where the legal conditions for liability are satisfied. Nationality itself does not prevent a foreign patient from pursuing legal remedies in Turkey.

Can I sue a hospital in Turkey from the UK?

Potentially, yes. A patient living in the United Kingdom may generally instruct a Turkish lawyer through an appropriate power-of-attorney procedure. Personal attendance in Turkey is not necessarily required simply to begin the case.

Can I sue after a failed cosmetic surgery in Turkey?

Potentially. Cosmetic surgery claims require examination of the promised result, the medical treatment, informed consent, complications and causation. Certain aesthetic procedures are treated by Turkish Court of Cassation jurisprudence within the contract-for-work framework.

Is a complication enough to prove medical malpractice?

No. A complication can occur even without negligence. However, inadequate warning about a complication or negligent management of a complication may create separate liability issues.

What if my surgeon says the injury was a known risk?

That statement alone does not determine the case. The court may examine whether the risk was properly disclosed, whether the procedure was correctly performed and whether the complication was appropriately managed.

What if I signed a consent form?

Signing a document does not necessarily prove adequate informed consent. The content, timing, language and quality of the information provided may all be relevant. A 2026 Court of Cassation decision confirmed liability relating to inadequate informed consent even where expert evidence did not establish technical medical malpractice.

Can I recover the cost of corrective surgery?

Potentially, where the need for corrective treatment is causally connected to legally compensable malpractice and the cost can be properly established.

Can I claim compensation for lost income?

Potentially, yes. Article 54 of the Turkish Code of Obligations expressly recognises loss of earnings and losses connected with reduced working capacity among categories of bodily injury damages.

Can I claim compensation for scars or permanent disfigurement?

Potentially. Permanent physical damage can be relevant to both material and non-material compensation, depending on its consequences.

Can relatives claim compensation if the patient dies?

Potentially. The legal system recognises certain claims connected with death, and Article 56 of the Turkish Code of Obligations permits non-material compensation for relatives in cases involving death or severe bodily injury, depending on the circumstances.

Can I obtain my Turkish medical records after returning home?

Yes. Patient-rights legislation recognises the patient’s right to inspect and obtain copies of medical records personally or through an authorised representative.

Do I have to return to Turkey for the lawsuit?

Not necessarily. Many legal steps can potentially be completed through an authorised Turkish lawyer. Whether personal attendance becomes necessary later depends on the individual case.

Conclusion: Foreign Patients Can Seek Compensation for Medical Malpractice in Turkey

Foreign patients undergoing medical treatment in Turkey have legal rights.

Being a British, German, French, Dutch, Belgian, American, Canadian, Australian, Arab or other foreign national does not mean that a patient must accept the consequences of negligent medical treatment without legal recourse.

Where legally compensable medical malpractice has occurred, Turkish law may provide remedies against doctors, private hospitals, clinics and, depending on their role, other entities involved in the treatment.

Possible compensation may include corrective treatment expenses, other medical costs, loss of earnings, loss of working capacity, future financial losses and non-material damages for bodily injury and suffering.

However, a medical malpractice case is never determined simply by whether the patient is unhappy with the result.

A proper legal assessment should examine:

• the original medical condition;
• the treatment that was promised;
• the medical procedure actually performed;
• the applicable standard of care;
• informed consent;
• complications;
• complication management;
• medical records;
• independent medical findings;
• damage;
• causation;
• the identity of the responsible healthcare providers; and
• the applicable procedural and limitation rules.

For foreign patients, early evidence preservation is especially important.

Patients should retain their medical reports, consent documents, invoices, photographs, WhatsApp conversations, advertisements, bank transfers, postoperative communications and subsequent medical reports.

Patients who have already returned to their home countries should also understand that being outside Turkey does not necessarily prevent them from pursuing a claim.

Depending on the case, a Turkish medical malpractice lawyer may review the medical documentation, identify potentially responsible parties, obtain missing records, analyse informed-consent issues, initiate required pre-litigation procedures and pursue a compensation claim through an appropriate power of attorney.

The legal framework governing international healthcare in Turkey has also become more structured following the International Health Tourism and Tourist Health Regulation of 26 April 2025, including regulatory requirements concerning authorised healthcare providers and complication insurance for qualifying surgical and interventional procedures.

Recent Turkish Court of Cassation decisions also demonstrate the continuing importance of informed consent, complication management and expert medical evidence.

A particularly significant 2026 judgment confirms that absence of a technical medical error does not necessarily eliminate liability where the patient was not adequately informed about the medical intervention and its risks.

For these reasons, every suspected medical malpractice case should be assessed individually.

If you underwent surgery, cosmetic treatment, dental treatment, hair transplantation, bariatric surgery or another medical procedure in Turkey and suffered an unexpected injury or permanent damage, obtaining an early legal assessment may be important for preserving evidence and determining whether you have a compensation claim under Turkish law.

Legal Disclaimer

This article is intended for general informational purposes concerning medical malpractice and foreign patient rights under Turkish law. It does not constitute legal advice and should not be relied upon as a substitute for an individual legal assessment.

The outcome of a medical malpractice claim depends on the medical records, nature of the treatment, healthcare provider, contractual structure, informed-consent documentation, expert evidence, causation, applicable legislation and procedural deadlines in the individual case.