Why this matters (and why timing matters even more)
When a medical outcome goes wrong, families often hear the same sentence: “It’s a complication.” Sometimes that’s true. Sometimes it isn’t. The difference between an unavoidable medical risk and medical malpractice is not decided by assumptions or emotions—it is decided by records, medical standards, expert analysis, and legal causation.
In Turkey, malpractice disputes can move on more than one track at the same time: civil compensation, criminal investigation, and—where the provider is a public hospital—administrative liability. Each track has its own procedural rules, deadlines, and evidence expectations. Missing a key deadline or failing to secure the right medical documents early can permanently weaken a case.
This guide explains, in clear English, how medical malpractice in Turkey is evaluated, what patients and families should do first, how damages are calculated, which courts may be competent, and what deadlines to watch to protect your claim.
Table of contents
- What is medical malpractice in Turkey?
- Malpractice vs. complication: the legal difference
- The legal framework: civil, criminal, and administrative routes
- Who can be liable: doctor, hospital, and other actors
- Where to file: civil courts, consumer courts, administrative courts
- Evidence that wins cases: records, timelines, and expert reports
- Informed consent: why paperwork is not enough
- Proving fault and causation: what experts look for
- What compensation can be claimed?
- Key limitation periods and strict administrative deadlines
- Step-by-step: what to do if you suspect malpractice
- Frequently asked questions (FAQ)
- Conclusion
1) What is medical malpractice in Turkey?
Medical malpractice (often called “malpraktis” in Turkish practice) generally means a healthcare professional’s breach of the accepted medical standard of care that causes harm to the patient.
In legal terms, most malpractice cases come down to four pillars:
- Duty of care (a professional obligation arising from the treatment relationship)
- Breach (acting below the standard expected from a reasonably competent provider in similar conditions)
- Damage (bodily harm, disability, additional treatment costs, death, loss of income, etc.)
- Causation (a legally relevant link between the breach and the damage)
Turkey does not rely on a single “Malpractice Act.” Instead, malpractice is pursued through general rules of civil liability, possible criminal liability, and—in public healthcare—administrative liability.
2) Malpractice vs. complication: the difference that decides the case
A complication is a known and sometimes unavoidable risk of a medical procedure, even when performed correctly. Malpractice is avoidable harm caused by a deviation from professional standards—such as:
- Operating on the wrong site or wrong patient
- Failure to diagnose a condition in a timely manner when signs were clear
- Medication errors (wrong drug, dose, contraindication, allergy ignored)
- Failure to monitor after surgery or discharge too early
- Lack of required imaging/tests in a situation where guidelines demand them
- Inadequate infection control causing preventable hospital-acquired infection
- Delay in emergency intervention without medical justification
In real disputes, “complication” is not a magic word that ends responsibility. Courts typically ask: Was the risk managed according to medical standards? Were warning signs noticed and acted upon? Was the patient properly informed? Were alternative options explained?
That is why early evidence collection is crucial.
3) The legal framework in Turkey: three possible routes
A) Civil compensation (private law)
Most patients and families pursue compensation through civil liability. Claims may be framed as:
- Tort liability (unlawful act causing harm)
- Contractual liability (breach of obligations arising from the treatment relationship, such as the duty of care, duty to inform, and duty to act diligently)
Civil compensation focuses on repairing loss: medical expenses, loss of income, disability, and moral damages (pain and suffering).
B) Criminal liability (public prosecution)
When harm is severe—especially death or serious injury—criminal liability may be investigated for negligent injury or negligent homicide, depending on facts. Turkish Penal Code provisions on negligence are commonly relevant in malpractice contexts.
A criminal file can be important because it may trigger court-ordered expert examinations and preserve evidence. However, criminal proceedings are not guaranteed to deliver compensation, and the evidentiary standard can be different.
C) Administrative liability (public hospitals and state responsibility)
If treatment was provided by a public hospital or within public service organization, compensation is typically pursued against the administration through administrative courts. Turkey’s administrative procedure rules require a prior application to the administration within strict time limits before filing a full remedy action (tam yargı).
This is one of the most common “deadline traps” in malpractice practice.
4) Who can be liable in a malpractice case?
Depending on how the treatment was delivered, liability may arise for:
1) The treating physician / surgeon / dentist
Personal liability can arise when the provider breaches professional duties—diagnosis, treatment selection, performance, monitoring, referrals, emergency response, and documentation.
2) Private hospitals and clinics (institutional liability)
Private institutions may be liable for:
- Their own organizational failures (staffing, protocols, hygiene, equipment)
- The acts of their employees (vicarious liability principles)
- Inadequate supervision or credentialing
3) Medical teams and auxiliary staff
Anesthesiologists, nurses, technicians, radiology units, labs, and emergency triage staff can play decisive roles. Malpractice is often a system failure, not a single-person error.
4) Public hospitals / the administration
In public healthcare contexts, the claim is commonly directed toward the administration, not the individual staff member, and proceeds under administrative law rules.
5) Manufacturers (in limited scenarios)
If harm stems from a defective medical device or product, product-related liability may also be explored—usually alongside provider responsibility.
5) Where to file in Turkey: civil courts, consumer courts, or administrative courts?
Choosing the correct route is strategic and sometimes decisive:
Private healthcare providers
Compensation claims often proceed before civil courts. Depending on the relationship and the nature of the service, some disputes may be framed under consumer principles (especially where treatment is purchased as a private service package). The correct forum depends on the contract structure, provider type, and claim framing.
Public healthcare providers
Where treatment is linked to public service delivery, compensation claims generally proceed through administrative courts following mandatory prior application rules.
Parallel processes are possible
It is common to see:
- A criminal complaint/investigation and
- A civil or administrative compensation action
moving in parallel, each serving different purposes.
6) Evidence that wins malpractice cases: what you must secure early
In malpractice disputes, evidence is everything, and the most important evidence is usually controlled by the provider.
A) Medical records (the backbone of the case)
You should aim to secure:
- Admission and discharge documents
- Consent forms and information sheets
- Surgery reports, anesthesia records, nursing charts
- Lab and pathology results
- Radiology images and reports (not only “written results”)
- Medication charts and prescriptions
- ICU monitoring charts (if applicable)
- Consultation notes and referral records
- Post-operative follow-up notes
- Complaint logs and patient rights unit documentation (if any)
Turkey’s patient rights framework recognizes the patient’s right to information and access in healthcare settings.
Practical tip: Request records in a way that preserves authenticity (dated requests, complete copies). Missing pages and “late-created” documentation are common dispute issues.
B) A clear timeline
A simple timeline can be more persuasive than long narratives. Document:
- Symptoms and first complaint time
- ER arrival and triage time
- Key decisions (tests ordered/not ordered)
- When specialist was called
- Surgery time, discharge time
- When deterioration was first noticed
- When the second hospital/doctor intervened
C) Independent medical evaluation
A second opinion can clarify whether:
- The chosen treatment was appropriate
- Standard monitoring was performed
- There was an abnormal delay
- Alternative options should have been offered
D) Expert reports (almost always decisive)
Malpractice cases typically require expert evaluation. Experts focus on:
- The applicable standard of care
- Whether the provider deviated from it
- Whether the deviation caused the harm
- Whether harm would likely have occurred anyway
7) Informed consent: why a signature is not a shield
Informed consent is not simply a form. It is a process:
- explaining diagnosis and options,
- describing material risks and likely outcomes,
- discussing alternatives (including no treatment),
- confirming understanding, and
- obtaining voluntary consent.
Professional guidance in Turkey emphasizes that informed consent is linked to patient autonomy and requires meaningful information, not routine paperwork.
In malpractice disputes, consent problems matter because:
- A patient might have refused or chosen a different route if properly informed
- A risk may be “known,” but not explained in a way the patient could understand
- The provider’s documentation may not match what was actually explained
Even when treatment quality is debated, consent failures can create separate grounds of liability, especially in elective procedures (aesthetic surgery, dental procedures, LASIK, fertility treatment).
8) Proving fault and causation: how Turkish malpractice files are evaluated
A) Standard of care
Courts and experts typically ask: What would a reasonably competent provider do under similar conditions? The answer depends on:
- Specialty
- Available facilities and urgency
- Patient condition and risk factors
- Accepted clinical pathways and basic medical logic
- Consistency and adequacy of monitoring
B) Causation: the hardest part
In many cases, the provider argues: “The outcome would have happened anyway.” This becomes a causation debate. The legal analysis usually focuses on:
- Whether earlier diagnosis/treatment would likely have prevented the harm
- Whether a delay reduced survival probability or increased disability risk
- Whether the wrong medication directly caused organ damage
- Whether a post-op complication was foreseeable and manageable
C) Documentation credibility
Poor records can damage defense credibility. Inconsistent timestamps, missing monitoring notes, or generic copy-paste documentation often becomes a central dispute issue.
9) What compensation can be claimed in Turkey?
Compensation depends on the harm and the claimant group (patient, heirs, dependents). Common categories include:
A) Material damages (pecuniary losses)
- Past medical expenses and rehabilitation
- Future treatment and care costs
- Loss of earning capacity / disability losses
- Loss of income and work interruption
- Costs of assistive devices, home care, special transport
- In fatal cases: funeral expenses and financial support losses for dependents
B) Moral damages (non-pecuniary)
Moral damages may be sought for:
- Physical pain and suffering
- Psychological trauma
- Loss of life quality and dignity harm
- For close relatives in fatal or extremely severe injury scenarios, depending on the relationship and impact
C) Interest and procedural consequences
In public hospital cases, interest calculations can become technical and depend on administrative procedure steps and application dates. Danıştay practice is often referenced in this area when arguing the start date of interest in administrative liability contexts.
10) Key limitation periods and strict deadlines
A) Tort limitation periods (general principle)
Under the Turkish Code of Obligations, tort-based claims commonly involve:
- a short limitation running from the date the injured party learns the damage and the liable person, and
- a long stop period running from the event date, and
- if the act also constitutes a crime with a longer limitation period, the longer criminal limitation may become relevant in certain situations.
Because the starting point (“learning”) can be disputed in malpractice (patients may only learn later that a standard was breached), limitation analysis should be done carefully and case-specifically.
B) Administrative deadlines for public hospital cases (critical!)
For administrative liability arising from an administrative act/omission, Turkish administrative procedure rules require:
- applying to the administration within specified time limits (commonly described as one year from learning and five years from the act), and
- filing suit after rejection or silence within the litigation period framework (often connected with the 60-day rule).
If you suspect malpractice in a public hospital context, do not assume civil court deadlines apply.
C) Criminal limitation and complaint dynamics
Negligent injury and negligent homicide provisions can apply depending on the outcome.
Whether prosecution depends on complaint and the severity of injury can be nuanced; this is another reason to obtain tailored legal advice early.
11) Step-by-step: what to do if you suspect malpractice in Turkey
Here is a practical roadmap that protects your position without escalating unnecessarily:
Step 1: Secure medical records immediately
Request complete copies of all hospital records and imaging. Keep proof of requests and responses.
Step 2: Build a factual timeline
Write down dates/times, symptoms, who said what, and when decisions were taken.
Step 3: Do not rely on verbal explanations alone
Hospitals often provide informal explanations that later shift. What matters is what is in the file—and what experts conclude from it.
Step 4: Obtain an independent medical opinion
A qualified second opinion can clarify whether the harm looks like:
- an unavoidable risk,
- an arguable standard-of-care deviation, or
- a documentation/monitoring failure.
Step 5: Identify the correct legal route (private vs. public healthcare)
This determines:
- which court is competent,
- whether prior application is mandatory, and
- which deadlines apply.
Step 6: Consider parallel paths where appropriate
A criminal complaint can help preserve evidence in severe harm scenarios, while compensation claims proceed in civil/administrative courts.
Step 7: Document ongoing losses
Keep receipts, wage slips, disability reports, rehabilitation invoices, travel costs, and caregiver expenses.
12) FAQ: medical malpractice in Turkey
Is every bad result malpractice?
No. Medicine has inherent risks. Malpractice requires a deviation from the standard of care and a causal link to the harm.
Can a hospital be liable if the doctor is “independent”?
Often yes, depending on the factual relationship, the institution’s role, and how the service was marketed and delivered. Hospitals also have organizational duties (staffing, protocols, hygiene).
What if the patient signed a consent form?
A signature does not automatically prove meaningful informed consent. Consent must be informed, voluntary, and specific to the material risks and alternatives.
Do public hospital claims go to the same courts as private hospital claims?
Usually no. Public hospital compensation claims often proceed under administrative liability rules and strict application deadlines.
How important are expert reports?
In most malpractice disputes, expert evaluation is the turning point. The best legal strategy is often the one that frames the medical questions correctly and provides complete documentation for expert review.
13) Conclusion: strong malpractice cases are built early
A malpractice claim is not built by anger or assumptions—it is built by documents, expert analysis, and a legally coherent story of breach and causation.
If you suspect medical malpractice in Turkey, the safest approach is to act early:
- obtain records,
- map the timeline,
- identify whether the provider is public or private, and
- protect deadlines—especially in administrative-law scenarios.
Yanıt yok