Introduction

Turkey has become one of the world’s important destinations for international medical treatment.

Foreign patients travel to Istanbul, Antalya, Izmir, Ankara and other Turkish cities for procedures including:

• cosmetic and plastic surgery;
• rhinoplasty;
• breast surgery;
• liposuction;
• tummy tuck procedures;
• bariatric surgery;
• hair transplantation;
• dental implants and full-mouth rehabilitation;
• ophthalmological surgery;
• orthopaedic treatment;
• fertility treatment;
• cardiovascular procedures; and
• other specialist medical services.

Many patients receive appropriate and successful treatment.

However, the rapid expansion of international healthcare also means that disputes increasingly arise where a foreign patient suffers injury or an unexpected outcome after treatment in Turkey.

Typical questions include:

Was the result simply a recognized medical complication, or was it malpractice?

Can a foreign patient sue a Turkish doctor or hospital?

What happens if the consent form was signed in Turkish even though the patient did not understand Turkish?

Can compensation be claimed after the patient has returned to the United Kingdom, Germany, France, the United States or another country?

Does the legal procedure change if treatment was provided by a state hospital rather than a private hospital?

Can a foreign patient obtain their medical file from the Turkish hospital?

What if the clinic advertised a guaranteed cosmetic result that was not achieved?

These questions involve several different areas of Turkish law.

Medical malpractice claims can involve:

• contract law;
• tort law;
• consumer law;
• administrative law;
• criminal law;
• patient rights legislation;
• medical ethics;
• professional liability insurance; and
• international health tourism regulations.

The legal route depends particularly upon whether the treatment was provided by:

• a private hospital;
• a private clinic;
• an independent doctor;
• a public hospital;
• a state university hospital; or
• another healthcare institution.

One principle should be established from the beginning:

A poor medical outcome does not automatically mean malpractice.

Medicine involves inherent uncertainty and recognized complications.

At the same time:

A hospital cannot avoid responsibility merely by describing every adverse outcome as a “complication.”

The legal analysis focuses on whether the doctor and healthcare institution complied with the professional standard of care, properly informed the patient, obtained legally valid consent, appropriately managed foreseeable risks and responded correctly when complications occurred.

Turkey’s Ministry of Health emphasized in its 2026 guidance on healthcare professionals’ legal responsibility that proper medical practice requires compliance throughout the processes of record keeping, information, informed consent, treatment and follow-up, and specifically identifies the distinction between malpractice and complication as a central legal issue.

For foreign patients, these principles become even more important because language barriers, overseas advertising and medical-tourism intermediaries can complicate both consent and evidence.

Can a Foreign Patient Sue for Medical Malpractice in Turkey?

Yes.

Foreign nationality does not generally prevent a person from seeking compensation in Turkey for injury caused by negligent medical treatment provided in Turkey.

A foreign patient can potentially pursue remedies where the legally required elements of liability are established.

Possible defendants may include:

• the treating doctor;
• the private hospital;
• the clinic;
• the healthcare company operating the facility;
• another responsible healthcare professional;
• in public healthcare cases, the relevant public administration; or
• other responsible entities depending on the contractual and factual structure.

Where a medical-tourism agency or intermediary made separate contractual commitments or misleading representations, its responsibility may also need to be examined.

The correct defendant should therefore be identified before proceedings begin.

What Is Medical Malpractice Under Turkish Law?

Medical malpractice is generally understood as injury resulting from a healthcare professional’s failure to comply with the level of knowledge, care, attention and professional standards reasonably required in the circumstances.

Turkish administrative jurisprudence has described malpractice as treatment falling below accepted medical standards because of matters such as:

• failure to use the standard diagnostic or treatment method;
• lack of necessary knowledge or skill;
• inappropriate treatment; or
• failure to exercise the required level of professional care.

Examples may include:

• failure to diagnose a condition that should reasonably have been diagnosed;
• unnecessary delay in diagnosis;
• operating on the wrong anatomical location;
• use of an inappropriate surgical method;
• leaving a foreign object after surgery;
• incorrect medication or dosage;
• failure to review laboratory or imaging results;
• inadequate postoperative monitoring;
• negligent management of bleeding;
• failure to respond appropriately to infection;
• anaesthesia errors;
• nerve injury resulting from improper technique;
• failure to request necessary consultation;
• inadequate hospital organization; or
• failure to respond appropriately when a known complication develops.

The determination normally requires specialist medical evidence.

A lawyer cannot establish medical negligence merely by showing that the patient remains unhappy with the result.

Malpractice vs Complication: The Most Important Distinction

This is often the central issue in Turkish medical negligence litigation.

A complication is an adverse medical outcome that may occur despite treatment being performed according to appropriate medical standards.

A complication is therefore not automatically proof of negligence.

For example, certain surgical procedures can involve recognized risks of:

• bleeding;
• infection;
• scarring;
• nerve injury;
• asymmetry;
• thrombosis;
• anaesthesia reactions; or
• delayed healing.

If the risk was medically recognized, the patient was adequately informed, the procedure was correctly performed and the complication was appropriately managed, liability may not arise merely because the complication occurred.

However, there is an important second stage.

Even if the original event was a recognized complication, liability can still arise because of incorrect complication management.

For example:

A known postoperative infection may be a recognized complication.

But if the doctor ignores clear signs of infection, fails to order necessary tests and delays treatment until permanent damage occurs, the legal problem may shift from an unavoidable complication to negligent management.

Recent Turkish jurisprudence continues to emphasize that identifying an outcome as a complication is not sufficient on its own; courts must also consider whether the patient was properly informed and whether the complication was appropriately managed.

A Bad Result Does Not Automatically Mean Negligence

This distinction is particularly important for non-cosmetic medical procedures.

Doctors generally do not guarantee that every medical treatment will cure the patient.

A doctor treating:

• cancer;
• serious infection;
• neurological disease;
• cardiovascular illness;
• complicated trauma; or
• another uncertain medical condition

is ordinarily expected to act with professional care rather than guarantee recovery.

The legal question is generally:

Did the healthcare professional act according to accepted medical standards and exercise the required care?

not:

Did the patient achieve a perfect result?

Purely cosmetic procedures can involve a different contractual analysis, which is discussed below.

Patient Rights Apply to Foreigners

Turkey’s Patient Rights Regulation applies broadly to persons receiving healthcare from both public and private healthcare institutions.

The Regulation states that its protections cover official and private institutions and all persons entitled to receive healthcare services.

Therefore, a foreign medical tourist does not lose basic patient rights merely because:

• they are not resident in Turkey;
• they paid privately;
• they came through a travel agency; or
• they return home immediately after treatment.

Important rights include:

• receiving appropriate medical care;
• obtaining information;
• informed consent;
• privacy;
• access to medical records; and
• legal remedies where rights are violated.

The Right to Proper Medical Care

Article 14 of the Patient Rights Regulation requires healthcare personnel to show the level of medical care required by the patient’s condition.

This obligation does not end when the surgeon leaves the operating room.

The required standard can extend through:

• preoperative assessment;
• diagnosis;
• selection of treatment;
• surgery;
• anaesthesia;
• postoperative observation;
• complication management;
• discharge; and
• follow-up.

A healthcare institution can therefore potentially face responsibility even where the surgical technique itself was correct but the postoperative organization was inadequate.

Informed Consent Is a Legal Requirement

One of the most important areas of medical malpractice litigation is informed consent — aydınlatılmış onam.

Article 24 of the Patient Rights Regulation establishes the basic rule that medical interventions require patient consent, subject to defined emergency and statutory exceptions.

But obtaining a signature is not enough.

Article 31 requires that the patient be informed about the subject and consequences of the medical intervention when consent is obtained.

The concept therefore contains two distinct elements:

1. information, and
2. consent following that information.

A signed document without meaningful information may not solve an informed-consent problem.

What Must the Patient Be Told?

Current Patient Rights Regulation guidance requires patients to receive information concerning matters including:

• probable cause and course of the illness;
• who will perform the medical procedure;
• where and how it will be performed;
• expected duration;
• alternative diagnostic and treatment options;
• benefits and risks of alternatives;
• likely complications;
• possible consequences of refusing treatment;
• important characteristics of medication; and
• necessary lifestyle recommendations.

This is particularly important for elective surgery.

A patient deciding whether to undergo a procedure must be able to compare:

the expected benefit

with

the material risks.

The Consent Form Should Not Be a Generic Disclaimer

Foreign patients frequently receive long standard forms immediately before surgery.

The existence of such a form is relevant evidence.

However, a document saying:

“I accept every possible risk and release the doctor from all responsibility.”

does not automatically eliminate malpractice liability.

Consent to a medical risk is not the same as consent to negligent treatment.

For example:

A patient may validly accept that infection can occur despite appropriate medical care.

That does not mean the patient has accepted negligent sterilization or failure to treat an obvious infection.

Likewise, consent to the recognized possibility of nerve injury does not automatically authorize careless surgical technique.

Foreign Patients Must Be Informed in a Language They Understand

Language is especially important in medical tourism.

The Patient Rights Regulation requires information to be given in a manner the patient can understand and contemplates the use of interpretation where necessary.

The international health tourism rules provide additional protections.

Healthcare facilities operating within international health tourism must use the necessary international health tourism authorization framework, and authorized facilities are required to maintain foreign-language capabilities.

Most importantly, the international health tourism competency rules provide that information and consent documentation concerning treatment should be prepared in the international patient’s language and signed by both the international patient and the healthcare professional providing the service.

They also require relevant discharge information, including clinical findings, diagnosis, treatment course and post-discharge needs, to be prepared in the patient’s language.

This can be extremely important in malpractice litigation.

Example: English Patient Signs Only Turkish Consent Forms

Consider a British patient who travels to Istanbul for bariatric surgery.

The patient cannot speak Turkish.

Ten minutes before surgery, hospital staff provide several Turkish forms and simply say:

“These are normal documents. Please sign here.”

After surgery, the patient suffers a serious complication.

The hospital later argues:

“The patient signed the risk form.”

The legal analysis should not end with the signature.

Important questions include:

• Was the patient actually informed?
• In what language?
• Was an interpreter available?
• Were alternative treatments explained?
• Was the specific serious risk disclosed?
• Was sufficient time given to understand the information?
• Was the consent form written in a language the patient could understand?

For international medical tourists, language evidence can therefore become a major element of the case.

Patients Have the Right to Obtain Their Medical Records

A foreign patient considering a malpractice claim should obtain medical documentation immediately.

Article 16 of the Patient Rights Regulation gives the patient the right to inspect their medical file and obtain copies personally or through an authorized representative.

Article 17 also allows patients to request correction or clarification of incomplete, uncertain or inaccurate medical and personal information.

Relevant records may include:

• admission documents;
• medical history;
• consultation notes;
• informed consent forms;
• anaesthesia records;
• operation notes;
• nursing records;
• medication charts;
• imaging;
• laboratory results;
• pathology reports;
• discharge summary;
• postoperative notes;
• photographs;
• complication records; and
• billing documentation.

International patients should request complete records before evidence becomes difficult to obtain.

International Medical Tourists Are Entitled to Detailed Billing and Treatment Documentation

The international health tourism framework also requires detailed invoicing and documentation.

Authorized health tourism facilities must issue invoices or billing records, and the patient may request documentation concerning provided medicines, laboratory tests, analyses and imaging. Intermediary organizations must also provide detailed information about charges relating to accommodation, transport, interpretation and consultancy services.

This information can become important where a dispute involves both:

• the medical treatment itself; and
• what the foreign patient was actually sold as a medical-tourism package.

Private Hospital Malpractice Claims

Where treatment is provided by a private hospital or private clinic for payment, the legal relationship will frequently contain contractual and consumer-law elements.

Depending upon the exact structure, responsibility may arise from:

• breach of contract;
• medical negligence;
• defective service;
• hospital organizational failure; or
• tort principles.

Consumer Protection Law No. 6502 provides that consumer courts hear disputes arising from consumer transactions and consumer practices.

Accordingly, paid private healthcare disputes are frequently examined within the consumer-law framework.

However, the correct court should always be determined from the specific defendants and cause of action.

A claim directly against an individual doctor, a claim against a hospital company and a claim concerning a separate medical-tourism intermediary may not always require identical procedural classification.

Mandatory Mediation in Private Healthcare Consumer Disputes

Where the dispute falls within the jurisdiction of the Consumer Court, Article 73/A generally requires mandatory mediation before filing the lawsuit, subject to statutory exceptions.

This means that in many private medical malpractice disputes, the claimant may first need to complete a mediation application before commencing court proceedings.

Foreign patients can generally act through Turkish legal counsel under an appropriate power of attorney.

Mediation should not, however, be treated merely as a procedural formality.

In serious malpractice cases, a settlement can involve:

• payment of compensation;
• refund of treatment fees;
• corrective treatment;
• confidentiality terms;
• release of claims; and
• waiver of future proceedings.

A foreign patient should therefore not sign a final settlement until the long-term medical consequences are sufficiently understood.

Pure Fee Refund Disputes and the Consumer Arbitration Threshold

Not every medical dispute concerns serious personal injury.

Sometimes the issue is simply:

• treatment never provided;
• service materially different from the package sold;
• unauthorized additional charges;
• failure to refund a cancelled procedure; or
• another monetary consumer dispute.

For 2026, disputes below TRY 186,000 that fall within the jurisdiction of Consumer Arbitration Committees are generally subject to that route. Disputes at or above that value are not decided by the Consumer Arbitration Committee and instead proceed through the applicable mediation and consumer-court route.

Complex medical injury and moral-damage claims should nevertheless be classified carefully rather than assumed to be ordinary refund disputes.

Public Hospital Malpractice Claims Are Different

The procedure changes fundamentally where the alleged negligence occurred in a state hospital or another public healthcare institution.

In such cases, compensation is generally pursued within administrative law through a full remedy action — tam yargı davası against the relevant public administration.

Recent Constitutional Court and Council of State cases continue to show medical malpractice compensation claims against public hospitals being pursued before administrative courts against the Ministry or relevant public institution.

The legal theory focuses principally on service fault — hizmet kusuru.

The Council of State has explained that compensation for defective public healthcare service requires analysis of:

• the administrative healthcare service;
• resulting damage;
• causal link; and
• fault in the operation of the service.

Deadline for Public Hospital Claims

Public hospital claims have particularly dangerous procedural deadlines.

Article 13 of Administrative Procedure Law No. 2577 provides that a person harmed by an administrative act or action must generally first apply to the relevant administration:

• within one year from learning of the harmful action, and
• in any event within five years from the event.

If the administration rejects the claim, or does not respond within the statutory period, the claimant may proceed to an administrative full remedy action.

The general administrative litigation period before administrative courts is 60 days where no special period applies.

Foreign patients should therefore not wait several years merely because treatment and rehabilitation are continuing abroad.

Private Malpractice Limitation Periods Require Separate Analysis

Private medical malpractice cases can involve several possible legal bases, including:

• contract;
• tort;
• consumer law; or
• a combination of claims.

The applicable limitation period therefore depends upon how the relationship is legally classified.

Under Article 72 of the Turkish Code of Obligations, a tort compensation claim is generally time-barred:

• two years from learning of the damage and person responsible; and
• in any event ten years from the wrongful act.

Where the act also constitutes a criminal offence subject to a longer criminal limitation period, that longer period may apply under the statutory conditions.

For contractual claims, Article 146 establishes a general ten-year limitation period unless another statutory rule provides differently.

Medical malpractice limitation periods should therefore never be calculated without first identifying the legal relationship.

Cosmetic Surgery Can Have a Different Contractual Character

Purely aesthetic procedures deserve special attention.

Turkish Court of Cassation jurisprudence has repeatedly distinguished certain result-oriented cosmetic interventions from ordinary therapeutic medical treatment.

Where the patient approaches the doctor specifically to obtain an agreed aesthetic result, courts have in appropriate cases characterized the relationship as a contract for work — eser sözleşmesi rather than an ordinary mandate-style medical relationship.

For example, Court of Cassation decisions concerning procedures such as:

• facelift;
• rhinoplasty;
• abdominoplasty;
• liposuction;
• breast reduction or lifting

have treated the aesthetic relationship as involving a promised result rather than merely reasonable professional effort.

This does not mean every cosmetic patient is legally guaranteed perfection.

But the contractual classification can materially affect how performance is evaluated.

Example: Cosmetic Surgery Result Is Completely Different From What Was Promised

Assume a foreign patient travels to Turkey after seeing extensive advertising for a cosmetic procedure.

The clinic provides computer simulations and repeatedly promises a specific aesthetic outcome.

After surgery, the patient suffers:

• severe asymmetry;
• deformity;
• unnecessary scarring; and
• a result materially different from the agreed objective.

The legal analysis may include:

• whether the surgery was technically appropriate;
• whether the result promised was achieved;
• whether the complication was properly managed;
• what the patient was told before surgery;
• what advertising representations were made; and
• whether corrective treatment is possible.

In result-oriented aesthetic cases, the contractual promises themselves may therefore become important evidence.

Medical Tourism Advertising Can Also Be Relevant Evidence

Foreign patients are often recruited through:

• Instagram;
• TikTok;
• international clinic websites;
• WhatsApp sales representatives;
• before-and-after photographs;
• influencer marketing; or
• medical-tourism agencies.

Turkey adopted a new Regulation on Promotion and Information Activities in Health Services in November 2025.

The regulation prohibits open or disguised advertising in healthcare and regulates promotional activities by healthcare professionals, private healthcare facilities and international health tourism intermediaries.

International health tourism rules also prohibit misleading or unethical information concerning healthcare services.

Foreign patients should therefore preserve screenshots of:

• guarantees;
• promised outcomes;
• surgeon qualifications;
• accreditation claims;
• package descriptions;
• price quotes; and
• preoperative representations.

They may later become legally relevant.

What Is Hospital Organizational Negligence?

Malpractice is not always caused by a single surgeon.

A hospital itself can fail to organize healthcare safely.

Potential organizational failures include:

• inadequate staffing;
• unqualified personnel;
• defective equipment;
• failure to monitor the patient;
• laboratory reporting failures;
• delays in emergency response;
• poor infection control;
• inadequate transfer arrangements;
• failure to obtain necessary consultation; or
• defective record systems.

Turkish public-law analysis recognizes organization-related failures alongside direct medical treatment and informed-consent failures as important categories of medical error.

In private healthcare, similar failures can support hospital responsibility.

Can the Hospital Be Liable for the Doctor?

Potentially, yes.

A private hospital cannot always avoid liability by arguing:

“The surgeon is an independent doctor. Contact the surgeon.”

The contractual relationship, employment arrangement, hospital branding and actual organization of the medical service must be examined.

If the patient paid the hospital and received a complete surgical package through the institution, hospital responsibility may arise independently of the individual doctor’s personal responsibility.

A case can therefore involve multiple defendants.

What Compensation Can a Foreign Patient Claim?

Where medical malpractice causes bodily injury, Article 54 of the Turkish Code of Obligations recognizes categories including:

• treatment expenses;
• loss of earnings;
• losses resulting from reduction or loss of working capacity; and
• loss resulting from impairment of economic future.

Depending upon the case, damages may therefore include:

• corrective surgery;
• rehabilitation;
• medication;
• future treatment;
• travel required for corrective care;
• reasonable accommodation associated with treatment;
• nursing or care costs;
• temporary loss of income;
• permanent disability;
• reduced professional earning capacity;
• additional medical expenses incurred abroad; and
• other causally connected financial loss.

Each item must be properly proven.

Foreign Income Can Be Relevant

A medical malpractice victim may earn their income outside Turkey.

For example:

A British surgeon suffers permanent nerve damage following negligent treatment.

A German executive is unable to work for eight months.

A professional athlete loses part of their future career.

A self-employed consultant loses international projects during repeated corrective surgeries.

The fact that income was earned outside Turkey does not automatically make the financial loss irrelevant.

The claimant should preserve evidence such as:

• employment contracts;
• payroll records;
• tax returns;
• bank statements;
• company accounts;
• professional invoices; and
• employer confirmation.

Documents issued abroad may need certified Turkish translation during proceedings.

Moral Damages

Serious medical negligence can cause consequences beyond direct financial loss.

A patient may suffer:

• chronic pain;
• permanent scarring;
• disability;
• loss of mobility;
• psychological distress;
• loss of reproductive function;
• severe disfigurement; or
• major deterioration in quality of life.

Turkish law permits claims for moral damages — manevi tazminat where bodily integrity is harmed.

The amount is determined according to the particular circumstances rather than by a fixed tariff.

In serious bodily injury or death cases, close relatives may also potentially have moral-damage claims.

Medical Malpractice Causing Death

If negligent medical treatment allegedly causes death, surviving family members may potentially pursue compensation.

Relevant claims can include:

• funeral expenses;
• financial losses arising from death;
• support-deprivation damages;
• and moral damages.

The criminal and civil/administrative aspects should be examined separately.

A family does not need to treat a criminal complaint as a substitute for compensation proceedings.

Can Medical Malpractice Also Be a Crime?

Potentially.

Where negligent medical conduct causes injury or death, the Turkish Criminal Code may become relevant.

Article 89 regulates negligent injury, while Article 85 regulates negligent killing.

A criminal investigation may therefore arise in cases involving serious allegations such as:

• negligent death;
• permanent disability;
• severe injury;
• or other medically caused harm.

However:

An adverse medical outcome does not automatically create criminal liability.

Criminal negligence must be established according to the requirements of criminal law.

Professional Responsibility Board Procedures

Turkey substantially restructured certain medical professional responsibility procedures in 2022.

The Ministry of Health’s 2026 legal responsibility guidance explains that the Professional Responsibility Board — Mesleki Sorumluluk Kurulu (MSK) has become an important part of the specialist legal framework governing proceedings concerning healthcare professionals and medical malpractice evaluation.

As a result, criminal and recourse procedures concerning healthcare professionals may involve additional statutory permission and board mechanisms.

This should be reviewed separately from the patient’s compensation claim.

Medical Professional Liability Insurance

Doctors and certain healthcare professionals are subject to compulsory professional liability insurance requirements for medical malpractice risks.

The statutory framework under Law No. 1219 requires physicians, dentists and medical specialists within the relevant categories to maintain mandatory coverage against qualifying malpractice-related liabilities.

The existence of liability insurance can become relevant to recovery, but the exact:

• policy period;
• insured person;
• coverage;
• exclusions;
• claim date; and
• policy limits

must be examined individually.

A patient should not assume that the existence of insurance means every claimed amount will automatically be paid.

Expert Evidence Is Usually Essential

Medical malpractice litigation is highly technical.

The court must often answer questions such as:

• What was the correct medical standard?
• Was the diagnosis reasonably timely?
• Was surgery indicated?
• Was the chosen method appropriate?
• Was informed consent adequate?
• Was the injury an unavoidable complication?
• If so, was the complication appropriately managed?
• Did negligence actually cause the patient’s damage?
• Would the damage have occurred even with proper care?
• What is the extent of permanent disability?

These questions generally require medical experts.

Reports may be obtained from:

• Forensic Medicine Institute;
• university medical faculties;
• specialist expert panels;
• or other technically appropriate bodies.

The expertise must correspond to the medical issue.

A complex plastic surgery claim should not be resolved solely through an expert lacking appropriate specialty knowledge.

Recent Turkish Constitutional Court decisions continue to scrutinize whether medical negligence claims were examined through sufficiently effective expert and judicial procedures.

The Expert Report Can Be Challenged

A claimant does not need to accept an inadequate expert report merely because the report uses the word “complication.”

A proper objection can address issues including:

• wrong specialty;
• failure to examine the patient;
• incomplete medical documents;
• failure to address informed consent;
• failure to discuss complication management;
• contradiction with scientific standards;
• failure to analyze causation;
• unsupported conclusions; or
• failure to answer the court’s questions.

Additional or new expert examination may be requested where justified.

Important 2026 Constitutional Court Development

Medical malpractice remains an active constitutional-rights area in Turkey.

In Selami Arslan, decided on 28 January 2026, the Constitutional Court examined allegations of medical negligence following gallbladder surgery at a public hospital.

Also on 28 January 2026, in Kamil Selman Bilgin and Others, the Constitutional Court found a violation concerning a full-remedy action arising from an alleged death caused by medical negligence and ordered a retrial.

These decisions illustrate that medical malpractice cases are not viewed solely as private compensation disputes; where bodily integrity or life is affected, effective investigation and judicial examination can also raise constitutional-rights issues.

What Should a Foreign Patient Do Immediately After Suspecting Malpractice?

The most important task is evidence preservation.

A foreign patient should consider obtaining:

1. complete medical file;
2. informed consent forms;
3. operation report;
4. anaesthesia records;
5. discharge summary;
6. imaging;
7. laboratory results;
8. photographs before and after treatment;
9. WhatsApp and email communications;
10. clinic advertisements;
11. invoices;
12. proof of payment;
13. travel records;
14. second medical opinions; and
15. records of corrective treatment.

Do not rely exclusively on the hospital’s verbal explanation.

Obtain an Independent Medical Opinion

If possible, the patient should seek review from another specialist who was not involved in the original treatment.

The purpose is not merely to obtain someone willing to criticize the first doctor.

A useful medical opinion should help answer:

• what actually happened;
• whether the result is medically recognized;
• whether corrective treatment is necessary;
• whether delay could worsen the condition; and
• what records should be preserved.

Where the foreign patient has already returned home, medical reports from the home country can also become important evidence.

Do Not Undergo Corrective Surgery Without Preserving Evidence

Sometimes corrective surgery is medically urgent.

Patient safety should come first.

However, where circumstances permit, the condition before corrective treatment should be properly documented through:

• photographs;
• imaging;
• specialist reports; and
• medical examination.

Once revision surgery changes the anatomy, proving the original condition can become more difficult.

Do Not Sign a Final Release Too Early

Hospitals sometimes offer:

• free corrective surgery;
• refund;
• partial refund;
• travel expenses; or
• another settlement.

This may be a reasonable solution.

But the patient should understand whether the document also contains an ibra — release or final waiver.

A settlement should be reviewed especially carefully where:

• permanent damage is not yet known;
• revision surgery may be required;
• loss of earnings is continuing;
• the patient is still receiving treatment; or
• future disability has not been assessed.

Can a Foreign Patient Pursue the Case After Returning Home?

Yes.

Foreign patients do not necessarily have to remain in Turkey throughout the legal proceedings.

Many procedures can be conducted through a Turkish lawyer under an appropriately prepared power of attorney.

Depending upon the issuing country, an overseas power of attorney may require:

• notarization;
• apostille;
• consular legalization; and
• Turkish translation.

Physical attendance can still become necessary in particular procedural or medical examination situations, but many international malpractice cases can be substantially managed through counsel.

Can the Patient Sue a Medical Tourism Agency?

Potentially, depending on the agency’s role.

An intermediary may have provided:

• hospital selection;
• doctor recommendations;
• translation;
• transportation;
• hotel services;
• medical package arrangements; or
• specific guarantees.

International health tourism intermediaries themselves are regulated and must satisfy authorization and competency requirements.

The agency’s liability depends on what it actually promised and did.

For example, liability analysis may differ where an intermediary merely booked transport compared with a company that:

• selected the clinic;
• advertised the doctor;
• collected the entire payment;
• guaranteed treatment outcomes; and
• controlled all communications with the patient.

The contracts and advertisements must be reviewed.

Common Medical Tourism Malpractice Scenarios

Cosmetic Surgery

Issues may involve:

• asymmetry;
• excessive scarring;
• necrosis;
• implant problems;
• facial nerve damage;
• poor complication management;
• or failure to achieve the promised aesthetic result.

Dental Treatment

Claims can concern:

• unnecessary extraction;
• defective implants;
• incorrect implant placement;
• nerve injury;
• failed crowns;
• poor bite alignment;
• infection; or
• defective full-mouth reconstruction.

Hair Transplantation

Potential issues include:

• excessive harvesting;
• permanent donor-area scarring;
• infection;
• necrosis;
• poor implantation;
• treatment by unauthorized personnel; or
• misleading representations.

Bariatric Surgery

Claims may involve:

• leaks;
• infection;
• postoperative bleeding;
• delayed diagnosis;
• inadequate follow-up;
• nutritional complications; or
• failure to respond to warning signs.

Eye Surgery

Potential allegations can concern:

• incorrect patient selection;
• surgical technique;
• failure to diagnose complications;
• improper laser parameters; or
• avoidable deterioration of vision.

Each medical field requires specialist assessment.

Frequently Asked Questions About Medical Malpractice in Turkey

Can a foreign patient sue a Turkish hospital?

Yes, where Turkish legal requirements for liability are established.

Does the patient need Turkish citizenship?

No.

Is every complication medical malpractice?

No. A recognized complication can occur despite appropriate treatment.

Can a complication still create liability?

Yes, where the doctor failed to inform the patient adequately or negligently managed the complication.

Does signing a consent form prevent a lawsuit?

No. Consent to recognized medical risks does not amount to consent to negligent treatment.

Must foreign patients receive information in a language they understand?

Yes. Patient-rights rules require understandable information, and international health tourism rules specifically contain foreign-language information and consent requirements.

Can I obtain my Turkish medical records?

Yes. Patients have the right to inspect and receive copies of their medical records.

What if the hospital refuses to give my records?

A formal written request and appropriate administrative or legal procedures can be considered depending upon the institution.

Can I claim the cost of corrective surgery abroad?

Potentially, where the expense is reasonably necessary and causally connected to the malpractice.

Can I claim lost income?

Yes, if proven. TBK Article 54 recognizes loss of earnings.

Can I claim permanent disability compensation?

Potentially, where medical negligence caused reduction or loss of working capacity.

Can I claim moral damages?

Potentially, particularly where bodily integrity has been seriously affected.

Can family members claim after a death?

Potentially, including appropriate financial and moral claims depending on the circumstances.

Is a private hospital malpractice case filed in Administrative Court?

Generally no. Private healthcare disputes are ordinarily handled within the judicial/private-law system, with consumer law frequently relevant.

Is a state hospital malpractice case different?

Yes. Compensation claims arising from public healthcare are generally brought through the administrative full-remedy procedure after satisfying the required prior administrative application.

How long do I have for a public hospital claim?

The administrative application must generally be made within one year of learning of the harmful action and, in any event, within five years of the event.

What is the general tort limitation period?

Under TBK Article 72, generally two years from learning the damage and responsible person and ten years from the wrongful act, subject to the longer criminal limitation rule where applicable.

Can cosmetic surgery be treated differently from normal medical treatment?

Yes. Turkish Court of Cassation jurisprudence has treated certain purely aesthetic, result-oriented procedures as contracts for work.

Can I file a criminal complaint?

Potentially, where the facts may constitute negligent injury or negligent killing under the Turkish Criminal Code.

Do I have to stay in Turkey during the case?

Not necessarily. Many procedures can be handled through a Turkish lawyer acting under an appropriate power of attorney.

Practical Checklist for a Foreign Medical Malpractice Claim

A foreign patient should establish the following before starting proceedings:

• exact name of hospital or clinic;
• legal company operating the facility;
• name and specialty of doctor;
• International Health Tourism Authorization status where applicable;
• treatment date;
• procedure performed;
• payment amount;
• medical-tourism intermediary involvement;
• advertisements and promises;
• consent language;
• interpreter information;
• complete medical file;
• preoperative condition;
• post-treatment condition;
• corrective treatment;
• second medical opinions;
• lost income;
• permanent disability;
• future treatment costs;
• public or private hospital status;
• insurance information;
• possible criminal offence; and
• applicable limitation deadlines.

A case should only be valued properly after these matters are investigated.

Conclusion

Medical malpractice claims involving foreign patients in Turkey require much more than showing that a treatment produced an undesirable result.

The first question is whether the outcome represents:

an unavoidable or properly managed medical complication

or

a preventable error falling below the required professional standard.

This distinction is central to Turkish malpractice law.

Turkey’s Ministry of Health reiterated in its 2026 legal responsibility guidance that record keeping, patient information, informed consent, treatment and monitoring must comply with professional and legal standards and specifically recognizes the distinction between malpractice and complication as a core issue.

The second major issue is informed consent.

A foreign medical tourist cannot meaningfully consent to a procedure they do not understand.

Turkish patient-rights legislation requires information concerning diagnosis, proposed treatment, alternatives, material risks and potential complications.

International health tourism regulations go further by requiring authorized international health tourism facilities to provide information and consent documentation in the international patient’s language and to provide relevant post-treatment documentation in that language.

For foreign patients, therefore, the following question may become legally decisive:

“Did the patient genuinely understand what they were agreeing to?”

A Turkish-language signature alone may not answer that question.

The third issue is the identity of the healthcare provider.

A malpractice claim arising from a private hospital does not follow the same procedural route as a claim arising from a state hospital.

Paid private healthcare frequently falls within private and consumer-law structures.

Where the dispute is within Consumer Court jurisdiction, mandatory mediation generally applies before litigation.

Public hospital cases, by contrast, generally involve administrative-law responsibility for defective healthcare service.

The claimant must be particularly careful about the administrative application requirements under Article 13 of Law No. 2577: generally one year from learning of the harmful action and, in all circumstances, five years from the event.

Missing the correct procedural route can be as damaging as having weak medical evidence.

The fourth issue is proof.

Foreign patients should obtain their complete medical files immediately.

Turkish patient-rights rules expressly allow patients to inspect medical records and obtain copies.

A serious malpractice file may ultimately depend upon:

• operation notes;
• anaesthesia records;
• informed consent;
• postoperative observations;
• imaging;
• laboratory reports;
• nursing records;
• discharge documents;
• WhatsApp messages;
• advertisements;
• photographs; and
• subsequent treatment records.

Medical-tourism patients should also preserve the commercial evidence.

If a clinic advertised:

“Guaranteed perfect result,”

or represented that treatment would be carried out personally by a particular specialist, those statements may become relevant to the contractual analysis.

This is especially important because Turkish regulation restricts misleading healthcare advertising, including in international health tourism.

Purely cosmetic procedures also deserve separate attention.

Turkish Court of Cassation jurisprudence has repeatedly regarded certain aesthetic, result-oriented operations as contracts for work, meaning the promised aesthetic objective assumes greater contractual importance than in ordinary therapeutic medicine.

This can materially affect disputes involving:

• rhinoplasty;
• facelift;
• breast surgery;
• liposuction;
• tummy tuck procedures; and
• comparable cosmetic interventions.

The fifth issue is the full extent of damage.

A medical malpractice claim should not be valued simply by asking:

“How much did the first operation cost?”

The financial loss may be much larger.

Article 54 of the Turkish Code of Obligations recognizes treatment expenses, lost earnings, loss of working capacity and damage to economic future.

For an international patient, this may include substantial income loss earned abroad.

A professional earning EUR 10,000 per month may suffer a completely different economic loss from someone without employment.

The claim should reflect evidence rather than arbitrary assumptions.

Corrective treatment can also be expensive.

A failed procedure in Turkey may require several surgeries in:

• the United Kingdom;
• Germany;
• Switzerland;
• the United States;
• or another jurisdiction.

Where such treatment is medically necessary and causally connected to the original negligence, those expenses may form an important part of the damage analysis.

Finally, civil or administrative compensation proceedings should be distinguished from criminal responsibility.

Where negligent medical conduct causes injury or death, Turkish Criminal Code Articles 89 and 85 may become relevant.

But a criminal complaint does not replace a compensation claim, and the legal mechanisms concerning healthcare professionals include specialist procedures involving the Professional Responsibility Board following the reforms introduced in 2022.

For foreign medical tourists, the most effective approach is therefore to treat the dispute as a combined medical, evidentiary and legal investigation.

The process should normally proceed in the following order:

preserve medical evidence → obtain records → obtain independent medical review → determine whether the event was malpractice or complication → identify the correct defendants → determine whether the hospital is public or private → calculate all financial and non-financial loss → check limitation periods → choose the correct legal procedure.

Returning home does not mean the patient loses their legal rights.

In many cases, the Turkish proceedings can be pursued through a lawyer while the patient continues treatment abroad.

The most serious mistake is often waiting until medical records, digital communications, advertisements and evidence have disappeared.

For foreign patients injured during treatment in Turkey, early legal and medical review can therefore make a decisive difference between an unsupported complaint and a properly documented medical malpractice claim.

Legal Disclaimer

This article provides general legal information concerning medical malpractice in Turkey, foreign patient rights and international medical tourism as of August 2026.

It does not constitute medical or legal advice regarding any particular patient, doctor, hospital or procedure.

Medical malpractice claims are highly fact-specific.

The applicable legal process may vary depending upon:

• whether treatment occurred in a public or private institution;
• type of medical intervention;
• informed consent;
• language used;
• medical records;
• presence of a recognized complication;
• management of that complication;
• causation;
• permanent injury;
• patient income;
• hospital organization;
• insurance coverage;
• contractual promises;
• date of treatment; and
• applicable limitation periods.

Foreign patients who suspect serious medical negligence should obtain case-specific Turkish legal advice and preserve their complete medical and commercial records before signing a settlement or undergoing non-urgent corrective treatment.