Medical Malpractice Compensation in Turkey: Material and Moral Damages

Medical malpractice can cause considerably more than an additional hospital bill.

A patient may need corrective surgery, lose months of salary, develop a permanent disability, become unable to continue his or her profession, require lifelong medical care or live permanently with pain, scars and disfigurement.

In the most serious cases, medical negligence may result in death and leave a spouse, children or other dependants without the financial support previously provided by the patient.

For foreign patients treated in Turkey, these consequences can be especially complicated.

A British patient may undergo surgery in Istanbul and later require expensive corrective treatment in London.

A German patient may become unable to continue a highly specialised occupation because of permanent nerve damage.

A Dutch patient may have to undergo several additional operations after returning home.

A family living outside Turkey may lose its principal income earner following negligent hospital treatment.

This leads to one of the most important questions in Turkish medical malpractice law:

What compensation can actually be claimed?

Turkish law distinguishes principally between material damages and non-material, or moral, damages.

Material damages seek to compensate measurable financial loss.

Moral damages address the non-financial consequences of injury to bodily integrity, serious physical suffering and, in appropriate circumstances, the death or severe injury of a close relative.

Under the Turkish Code of Obligations, bodily injury compensation can extend well beyond expenses that have already been paid.

Article 54 expressly recognises treatment expenses, loss of earnings, losses caused by reduction or loss of working capacity and losses resulting from impairment of the injured person’s economic future.

Where the patient dies, Article 53 separately recognises funeral expenses, certain treatment and working-capacity losses incurred before death and losses suffered by persons deprived of the deceased’s support.

Article 56 permits an appropriate award of non-material compensation where bodily integrity has been injured and also permits compensation to close relatives in cases of death or sufficiently severe bodily injury.

Accordingly, a medical malpractice case should never be valued simply by asking:

“How much did the patient pay the hospital?”

The correct question is:

“What financial and non-financial consequences did the wrongful medical treatment cause, and which of those losses can be legally proved?”

This guide explains the principal compensation categories available in medical malpractice cases in Turkey and their particular significance for foreign patients.

What Must Be Established Before Compensation Is Awarded?

The existence of damage does not automatically mean that compensation will be awarded.

A patient may suffer an unfortunate outcome without the doctor or hospital being legally responsible.

Depending on the legal basis of the case, the court will generally need to examine issues including:

• existence of a healthcare duty or contractual obligation;
• breach of the applicable professional or contractual standard;
• medical negligence or defective performance where relevant;
• adequate informed consent;
• existence of legally recognised damage;
• causal connection between the breach and the damage.

Causation is especially important.

Suppose a patient already had a serious medical condition before treatment.

The healthcare provider will not necessarily be responsible for every medical expense or loss occurring afterwards.

The claimant must distinguish the loss resulting from the alleged malpractice from the consequences that would probably have occurred in any event.

For this reason, medical expert evidence and financial evidence frequently operate together in malpractice litigation.

What Are Material Damages in a Turkish Medical Malpractice Case?

Material damages are economic losses that can be expressed financially.

Article 54 of the Turkish Code of Obligations identifies the principal bodily injury categories as:

• treatment expenses;
• loss of earnings;
• loss caused by reduction or loss of working capacity;
• impairment of economic prospects.

The wording is important.

These are not limited to losses already incurred before the lawsuit.

A serious medical injury may produce financial consequences extending many years into the future.

A proper compensation claim should therefore distinguish:

past losses, which can already be documented,

from

future losses, which may require medical and actuarial calculation.

1. Additional Treatment Expenses

Corrective medical treatment is often the most immediate financial consequence of malpractice.

Potential expenses may include:

• revision surgery;
• corrective plastic surgery;
• additional hospitalisation;
• dental reconstruction;
• removal or replacement of implants;
• neurological treatment;
• physiotherapy;
• rehabilitation;
• medication;
• specialist consultations;
• radiological examinations;
• laboratory testing;
• pain-management treatment;
• medically necessary medical devices.

The patient should retain every relevant invoice and medical report.

However, invoices alone may not always be sufficient.

The court may also need evidence that the additional treatment was:

necessary, and

causally related to the original malpractice.

For example, if an improperly performed operation damages a nerve and the patient later requires nerve-repair surgery, an independent specialist report explaining that connection can be extremely important.

Can a Foreign Patient Claim Medical Costs Incurred Outside Turkey?

Potentially, yes.

A foreign patient does not necessarily have to return to Turkey for corrective treatment merely because the original procedure took place there.

Consider a patient from the United Kingdom.

The patient pays £6,000 for surgery in Turkey.

After returning home, independent specialists conclude that the first procedure caused serious damage and that corrective surgery costing £25,000 is required.

The higher cost in the United Kingdom does not automatically prevent a claim.

At the same time, a Turkish court will not necessarily accept every foreign treatment quotation without examination.

Relevant questions may include:

• Was the corrective procedure medically necessary?
• Was it caused by the original treatment?
• Was the chosen corrective treatment reasonable?
• Is the cost properly documented?
• Are alternative treatment options relevant?

Foreign patients should therefore obtain more than a simple commercial quotation.

A specialist report identifying the damage and explaining the necessary corrective treatment can significantly strengthen the claim.

2. Future Medical Expenses

Some consequences cannot be corrected through a single operation.

A permanently injured patient may need treatment for years.

Potential future expenses may include:

• repeated surgery;
• rehabilitation;
• physiotherapy;
• medication;
• prosthetic devices;
• periodic medical examinations;
• nursing assistance;
• long-term specialist follow-up.

A claimant does not normally need to wait until every future expense has actually been paid before seeking compensation.

Where future medical needs can be established with sufficient medical probability, they may potentially be taken into account when determining loss.

Expert evidence becomes particularly important.

The report should ideally address:

• what future treatment will be required;
• how frequently;
• for approximately how long;
• whether the need is temporary or permanent.

This is particularly important before accepting an early settlement.

A hospital or insurer may offer money shortly after the incident, when the full future consequences of the injury are still unknown.

3. Past Loss of Earnings

A patient may lose income while recovering from negligent medical treatment.

For example, an international patient may expect to return to work two weeks after surgery but instead be medically unable to work for six months.

The resulting salary loss may constitute material damage.

Evidence may include:

• employment contract;
• payslips;
• employer letters;
• tax returns;
• medical certificates;
• sickness records;
• payroll statements.

Self-employed claimants may need:

• tax records;
• company accounts;
• invoices;
• accounting documents;
• evidence of cancelled contracts or work.

A claimant should avoid making broad statements such as:

“I lost approximately €50,000 because I could not work.”

The stronger approach is to document how that figure was calculated.

Foreign Income Can Matter

This issue is particularly important for international clients.

The injured person’s income should not automatically be treated as though he or she worked in Turkey merely because the malpractice occurred in Turkey.

Where the claimant seeks compensation based on actual foreign earnings, reliable documentation of those earnings becomes crucial.

A surgeon working in Germany, financial professional working in London or business owner operating in Dubai may have very different earning capacity from a person receiving Turkish minimum wage.

The claimant should therefore preserve:

• foreign employment contracts;
• payslips;
• income-tax declarations;
• annual earnings statements;
• company accounts;
• professional income records.

Translation and procedural authentication may later be necessary for use before a Turkish court.

4. Permanent Loss or Reduction of Working Capacity

This is often one of the largest components of a serious medical malpractice claim.

Article 54 expressly recognises losses arising from the reduction or loss of working capacity.

This is different from temporary loss of salary.

Suppose a 35-year-old professional suffers permanent hand damage because of medical negligence.

He returns to work after six months.

However, he can no longer perform certain professional tasks and his future earning ability is permanently reduced.

The claim is not limited to the salary lost during the first six months.

The court may also need to assess the financial consequences throughout the claimant’s future working life.

Factors may include:

• age;
• occupation;
• income;
• permanent impairment;
• degree of working-capacity loss;
• expected future working period;
• actuarial principles.

This can make permanent-disability claims financially substantial.

Medical Disability Percentage and Financial Loss Are Not the Same Thing

Patients frequently misunderstand disability reports.

Suppose a medical board determines that a patient has suffered a 20% permanent impairment.

This does not automatically mean the patient receives “20% compensation.”

The medical report identifies the bodily impairment.

The legal and actuarial calculation must then determine how that impairment affects the claimant economically.

The same physical injury can affect different people differently.

For example:

A permanent finger injury may have a very serious economic effect on a professional musician or surgeon.

The same injury may create a different working-capacity consequence for a person whose employment does not require comparable fine motor skills.

The claimant’s profession therefore matters.

What If the Patient Continues Working?

Continuing to work does not automatically eliminate a compensation claim.

A person may return to the same job but have to perform it with substantially greater effort.

The patient may also experience:

• chronic pain;
• restricted mobility;
• reduced productivity;
• inability to work overtime;
• loss of promotion opportunities;
• increased risk of losing future employment.

Turkish law separately recognises impairment of economic prospects, which can become relevant even where immediate salary remains unchanged.

Therefore, the question is not merely:

“Does the patient still receive a salary?”

It is also:

“How has the permanent injury affected the patient’s ability to compete, progress and earn in the future?”

5. Impairment of Economic Prospects

Article 54 expressly includes losses caused by impairment of the injured person’s economic future.

This category can be especially relevant to:

• young professionals;
• persons whose appearance is materially connected with professional activity;
• athletes;
• individuals whose career requires substantial physical capacity;
• patients who lose future career opportunities.

For example, a young person may still be able to work after a medical injury but may become substantially disadvantaged when seeking future employment.

The loss must still be proved rather than assumed.

Evidence concerning education, profession, previous career path and actual consequences may become relevant.

What Is Moral or Non-Material Compensation?

Material damages compensate economic loss.

Moral damages compensate a different kind of harm.

Under Article 56 of the Turkish Code of Obligations, where bodily integrity has been injured, the court may award an appropriate amount of money as non-material compensation.

The purpose is not to reimburse an invoice.

It is to provide legal redress for the serious non-financial consequences of physical injury.

Potentially relevant consequences include:

• physical pain;
• permanent disability;
• permanent scarring;
• disfigurement;
• loss of bodily function;
• chronic suffering;
• major impairment of everyday life;
• repeated invasive procedures.

In severe cases, the injury may permanently alter the patient’s personal and social life.

These consequences cannot be measured in the same way as a hospital bill.

That is why moral compensation is assessed separately.

Is There a Fixed Amount for Moral Compensation in Turkey?

No universal tariff determines moral damages in every malpractice case.

A patient cannot simply say:

“Permanent scar = 500,000 TL.”

The court assesses the individual circumstances.

Relevant factors can include:

• seriousness of the injury;
• permanence;
• nature of the medical intervention;
• extent of physical suffering;
• age;
• degree of negligence;
• consequences for the claimant’s life;
• fairness considerations.

The amount must be appropriate to the circumstances.

This is one reason published judgments should be used carefully.

A moral-damages award made in an older case cannot simply be copied into a new case without considering inflation, factual differences and current judicial conditions.

A 2026 Court of Cassation Case Shows Why Moral Damages Are Not Limited to Technical Malpractice

A major current example is the Court of Cassation 3rd Civil Chamber decision E. 2026/87, K. 2026/3186, dated 20 May 2026.

The patient underwent radiofrequency treatment in a private hospital and later suffered serious injuries.

Expert reports did not find a technical medical error in the procedure.

Nevertheless, the informed-consent documents were inadequate and the defendants could not prove sufficient oral information.

The first-instance court awarded 1,000 TL material damages and 100,000 TL moral damages, and the Court of Cassation upheld the judgment.

The decision demonstrates an important point:

A compensation claim is not always limited to cases in which a surgeon technically performed an operation incorrectly.

Failure to establish legally sufficient informed consent may itself materially affect liability.

For foreign patients, this is particularly important where:

• consent documents were only in Turkish;
• important risks were not explained;
• the patient dealt primarily with sales staff;
• forms were signed immediately before treatment.

Permanent Scarring and Disfigurement

Permanent scarring can be especially significant in malpractice litigation.

Examples include:

• facial scars;
• surgical scars substantially worse than expected;
• breast deformity;
• abdominal disfigurement;
• scalp scarring following hair transplantation;
• visible dental or facial damage.

The financial effect and moral effect should be analysed separately.

For example, a model suffering permanent facial disfigurement may have:

material loss, because professional earning opportunities are reduced,

and

moral damage, because bodily integrity and appearance have been permanently affected.

The two claims serve different purposes and may coexist.

Chronic Pain and Loss of Bodily Function

Medical negligence may leave a patient with no dramatic visible scar but significant permanent functional problems.

Examples may include:

• chronic neuropathic pain;
• swallowing difficulties;
• restricted movement;
• breathing difficulties;
• loss of sensation;
• continence problems;
• reduced sexual or reproductive function;
• chronic neurological symptoms.

These consequences should not be overlooked merely because the patient “looks normal.”

Medical documentation showing the degree and permanence of functional impairment is essential.

Can Close Family Members Receive Moral Damages?

In sufficiently serious bodily injury cases, Turkish law may permit non-material compensation for close relatives.

This is particularly relevant where the patient suffers catastrophic permanent injury such as:

• severe brain damage;
• paralysis;
• profound permanent disability;
• a condition requiring lifelong care.

However, relatives should not assume that every injury automatically creates an independent moral-damages claim for the entire family.

The seriousness of the injury and the particular relationship must be considered.

Compensation When Medical Malpractice Causes Death

Where negligence causes death, the compensation structure changes.

Article 53 of the Turkish Code of Obligations identifies losses following death including:

• funeral expenses;
• treatment expenses and working-capacity losses where death did not occur immediately;
• losses suffered by persons deprived of the deceased’s support.

Article 56 separately permits non-material compensation for relatives of the deceased.

Therefore, a fatal malpractice case can include both:

economic dependency loss, and

moral damages for the death of a close relative.

What Is Loss of Support Compensation?

Loss-of-support compensation — destekten yoksun kalma tazminatı — addresses the financial loss suffered by a person who would probably have continued receiving support from the deceased.

The purpose is not to determine the “price of a life.”

It seeks to reconstruct the financial position the claimant would probably have had if the death had not occurred.

For example, where a parent dies due to medical negligence, minor children may lose years of financial support.

A spouse may lose household income.

The calculation may involve:

• deceased person’s age;
• actual earnings;
• likely future earnings;
• age of beneficiaries;
• duration and level of support;
• actuarial principles.

For foreign families, proving the deceased’s actual income can materially affect the calculation.

Important 2026 Amendment to Compensation Calculations and Interest

Medical malpractice lawyers should be aware of an important recent legislative change.

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

The law added new paragraphs to Article 55 of the Turkish Code of Obligations concerning compensation for loss or reduction of working capacity and loss of support.

Under the new rule, the interest starting point differs according to whether the claimant’s or deceased support-provider’s income is known for the relevant period.

For the portion calculated for a period in which the income is known, statutory interest runs from the date of the wrongful act or damaging event.

For the portion relating to a future period in which income is not yet known, statutory interest runs from the date of judgment.

The amendment also introduced a rule concerning payments made for performance purposes before the evidentiary investigation stage, requiring proportional deduction according to the compensation value calculated as of the payment date.

This is a significant technical development for permanent disability and fatal malpractice calculations.

A current damages analysis should therefore not rely blindly on pre-2026 assumptions regarding interest.

Article 55 Also Applies to Public-Administration Bodily Injury Claims

Article 55 contains another important rule.

The bodily injury and death compensation principles of the Turkish Code of Obligations also apply to claims arising from administrative actions and other grounds for which the administration is responsible.

This is highly relevant to medical malpractice.

It means that the bodily injury compensation principles are not important only in private-hospital disputes.

They may also inform damages claims arising from public healthcare where administrative liability is established.

However, the procedure for obtaining that compensation is different.

Private Hospital Versus Public Hospital: Why It Matters

A major procedural distinction must be made between:

private healthcare providers, and

public healthcare institutions.

The legal route is not identical.

Compensation Claims Against Private Hospitals

Medical malpractice involving a private hospital or clinic is generally pursued through civil-law mechanisms.

Depending on the treatment relationship, the dispute may fall within Turkish consumer law.

Where the claim falls within Consumer Court jurisdiction, Article 73/A of the Consumer Protection Law generally requires mediation before litigation, subject to statutory exceptions.

Accordingly, a claimant may need to complete mandatory mediation before commencing proceedings.

The correct defendants may potentially include:

• private hospital company;
• clinic;
• treating doctor;
• other responsible healthcare professionals;

depending on the facts and legal relationship.

The structure should be determined after examining contracts, invoices and medical records.

Compensation Claims Against State Hospitals

Public-hospital claims usually fall within Turkish administrative jurisdiction.

Where damage results from allegedly defective public healthcare service, the claimant generally pursues compensation through a full-remedy action — tam yargı davası — against the relevant administration.

Article 13 of the Administrative Procedure Law contains a strict preliminary application requirement for persons whose rights have been infringed by administrative conduct.

The application to the administration must generally be made within one year from learning of the conduct and in any event within five years from the conduct. Where the request is rejected, or no answer is received within thirty days, the judicial filing period becomes relevant.

This can be particularly dangerous for foreign patients.

A patient may return home, spend months receiving corrective treatment and assume there is plenty of time.

By the time Turkish legal advice is obtained, an important administrative deadline may already have become an issue.

Material Damages Must Be Proved

The fact that malpractice occurred does not mean the court will automatically award every requested expense.

The claimant should establish:

the existence of the loss,

the amount of the loss,

and

its causal relationship with the malpractice.

For example:

A patient cannot simply submit every travel receipt collected after treatment and expect reimbursement.

The travel expense must have a sufficiently direct relationship with the injury or corrective treatment.

Similarly, a patient claiming lost earnings should provide financial documentation rather than merely an estimate.

Detailed evidence substantially improves the quality of the damages claim.

What Documents Are Important for Material Damages?

A foreign patient should preserve, where relevant:

• original treatment invoice;
• proof of payment;
• corrective-treatment invoices;
• medication receipts;
• specialist reports;
• rehabilitation expenses;
• future treatment plans;
• employment contract;
• payslips;
• tax returns;
• business accounts;
• evidence of inability to work;
• disability reports;
• medical board findings.

The more substantial the claim, the more important the documentation becomes.

What Evidence Supports Moral Damages?

Moral damage is not proved solely through invoices.

Evidence can include:

• medical records;
• permanent-disability reports;
• photographs of permanent scars;
• evidence of repeated procedures;
• evidence of permanent physical restrictions;
• expert assessment of bodily injury;
• records concerning chronic symptoms.

The court principally evaluates the nature and seriousness of the injury.

A claimant should focus on objective consequences rather than exaggerated descriptions.

The Importance of Expert Evidence

Medical malpractice compensation cases commonly require more than one type of expert analysis.

Medical experts may consider:

• whether malpractice occurred;
• causal relationship;
• permanence of injury;
• degree of disability;
• future treatment requirements.

Actuarial or financial experts may then calculate:

• loss of working capacity;
• future economic loss;
• loss-of-support damages.

These roles should not be confused.

A medical expert determines medical consequences.

A financial calculation translates qualifying consequences into monetary loss.

What If the Patient Had a Pre-Existing Condition?

Pre-existing illness does not automatically defeat a claim.

However, it can affect causation and damages.

The court may need to distinguish between:

• the patient’s original health condition;
• deterioration that would probably have occurred anyway;
• additional harm caused by malpractice.

Suppose a patient already had limited mobility before negligent surgery.

The defendant should not necessarily be responsible for the entire pre-existing disability.

But the defendant may be responsible for the additional impairment caused by the negligent intervention.

Medical expert analysis is crucial.

What If the Patient Contributed to the Damage?

Turkish obligations law recognises that claimant conduct can affect damages in appropriate circumstances.

For example, issues may arise where a patient:

• deliberately ignores important postoperative instructions;
• fails to attend necessary follow-up despite clear warnings;
• knowingly engages in conduct that significantly increases the injury.

However, providers should not use “patient fault” as a generic defence.

The defendant must establish the relevance of the patient’s conduct to the resulting loss.

Minor non-compliance does not automatically remove liability for serious medical negligence.

Informed Consent and Compensation

Informed consent deserves separate attention because it can materially affect a compensation claim.

A healthcare provider may perform technically appropriate treatment yet still face liability if valid informed consent cannot be established.

The Court of Cassation’s 20 May 2026 decision is a strong example.

Despite expert findings that there was no technical medical malpractice, inadequate consent documentation and failure to prove oral disclosure resulted in the compensation judgment being upheld.

Foreign patients should therefore preserve:

• consent forms;
• translated forms;
• WhatsApp discussions;
• medical consultation records;
• evidence concerning the language used.

A signed form does not necessarily resolve the issue where the patient did not understand the risk that materialised.

Does Every Recognised Complication Prevent Compensation?

No.

A recognised complication can arise even with appropriate treatment.

But the analysis should also consider:

• whether the patient was properly informed about it;
• whether reasonable steps were taken to reduce the risk;
• whether the complication was identified promptly;
• whether it was managed correctly.

A complication may initially be unavoidable while the failure to manage it correctly may constitute malpractice.

The resulting additional injury can then affect compensation.

Medical Tourism and Compensation Claims

International medical-tourism cases can involve more parties than ordinary healthcare.

The patient may interact with:

• surgeon;
• hospital;
• clinic;
• intermediary company;
• medical-tourism agency.

Turkey’s current International Health Tourism and Tourist Health Regulation, effective since 26 April 2025, separately regulates authorised healthcare providers and intermediaries operating in international health tourism.

Therefore, where treatment was sold as part of a package, the entire contractual and regulatory structure should be reviewed.

Important evidence includes:

• package quotation;
• contract;
• invoice;
• payment records;
• WhatsApp communications;
• intermediary documentation.

The person whose Instagram account marketed the treatment is not necessarily the only legally relevant entity.

Can a Foreign Patient Claim Compensation Without Living in Turkey?

Potentially, yes.

A foreign patient who has returned home may generally explore pursuing Turkish remedies through an appropriately authorised Turkish lawyer.

Depending on the patient’s country, a power of attorney may be arranged through:

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

Once appropriately authorised, Turkish counsel may potentially:

• obtain medical records;
• identify responsible parties;
• initiate mediation;
• submit administrative applications;
• pursue litigation;
• coordinate expert evidence.

The patient does not necessarily need to relocate to Turkey.

Can Compensation Be Paid in Foreign Currency?

The fact that the claimant is foreign can create important currency and loss-calculation issues.

Not every loss should automatically be converted into Turkish lira without considering the legal basis, timing and nature of the obligation.

For example, a claimant may have:

• income in pounds sterling;
• corrective-treatment expenses in euros;
• medical expenses in dollars.

How these amounts are pleaded, converted and valued can materially affect the case.

This is a technical litigation issue that should be determined according to the nature of each claim rather than through a blanket rule.

Foreign claimants should therefore keep original documents showing both the amount and currency.

Can a Patient Claim Both Material and Moral Damages?

Yes, potentially.

The two categories compensate different losses.

For example, a patient who suffers permanent nerve damage may claim:

Material damages

for corrective treatment, lost earnings and loss of future working capacity.

The same patient may also seek:

Moral damages

because his or her bodily integrity has been permanently damaged and the injury has caused substantial physical suffering.

One category does not automatically exclude the other.

Example: Permanent Nerve Damage After Surgery

Consider a 40-year-old British patient earning £70,000 per year.

Following negligent surgery in Turkey, the patient suffers permanent nerve damage.

The injury causes:

• £20,000 corrective treatment;
• six months without salary;
• permanent reduction in working capacity;
• chronic pain.

The potential compensation analysis is not simply:

refund of original surgery cost.

It may need to consider:

1. corrective medical expenses;
2. temporary lost earnings;
3. future working-capacity loss;
4. impairment of economic future;
5. moral compensation.

The claim may therefore be substantially greater than the original treatment price.

Example: Failed Cosmetic Surgery With Permanent Scarring

Suppose a patient undergoes elective cosmetic surgery.

The operation causes permanent and severe scars.

The patient does not lose income.

There may still potentially be:

• corrective-treatment expenses;
• other financial losses;
• moral damages arising from permanent bodily injury.

The absence of salary loss does not mean the malpractice has caused no legally compensable damage.

Example: Death of the Family’s Main Income Earner

Consider a 38-year-old parent who dies following legally attributable medical negligence.

The deceased leaves a spouse and two young children.

The compensation case may potentially involve:

• treatment expenses before death;
• funeral expenses;
• support-loss compensation;
• moral compensation for qualifying relatives.

The deceased person’s age and foreign income can materially affect support-loss calculations.

This illustrates why a fatal malpractice case cannot properly be valued simply by reference to the patient’s original hospital bill.

Should a Patient Accept an Early Compensation Offer?

Caution is essential.

A settlement offered immediately after malpractice may seem attractive.

However, the full value of the case may not yet be known.

Before settlement, important questions include:

Has the injury stabilised?

Is the damage permanent?

Will another operation be necessary?

Will the patient return to the same job?

Is future earning capacity reduced?

Are future treatment costs known?

Does the proposed settlement release all future claims?

A patient who accepts a full and final settlement before permanent disability becomes clear may later face significant legal difficulties.

How Long Do You Have to Claim Medical Malpractice Compensation?

There is no single limitation period for every malpractice claim in Turkey.

The deadline can depend on:

• whether the hospital is private or public;
• contractual basis;
• tort basis;
• type of medical relationship;
• whether the conduct may also constitute a criminal offence.

For public healthcare, the administrative preliminary application rules described above can create especially short and strict deadlines.

Private-law claims require a separate limitation analysis.

Patients should therefore not rely on a general statement such as:

“All malpractice claims have ten years.”

That may be incorrect for the particular claim.

Frequently Asked Questions About Medical Malpractice Compensation in Turkey

What damages can I claim after medical malpractice in Turkey?

Depending on the case, Article 54 recognises treatment expenses, lost income, loss or reduction of working capacity and impairment of economic prospects. Moral damages may separately be available for injury to bodily integrity.

Can I claim the cost of revision surgery?

Potentially, yes, where the revision is reasonably necessary and causally related to the original malpractice.

Can revision surgery be performed in my own country?

Potentially, yes. The patient should obtain medical documentation establishing why corrective treatment is necessary and retain invoices and payment evidence.

Can I claim lost salary?

Potentially, where the inability to work is causally related to the malpractice and the amount can be documented.

Can I claim future loss of earnings?

Potentially. Permanent loss or reduction of working capacity is expressly recognised under Article 54.

What if I am still working?

Continuing employment does not automatically eliminate a claim. The injury may still reduce working capacity or impair future economic prospects.

Is there compensation for pain and permanent scars?

Potentially. Moral compensation may be awarded for injury to bodily integrity, taking account of the individual circumstances.

Is there a fixed moral-compensation amount?

No universal fixed tariff applies to all medical malpractice injuries.

Can close relatives claim moral damages?

Potentially, particularly where the patient dies or suffers sufficiently severe bodily injury.

What happens if medical malpractice causes death?

Potential damages can include funeral expenses, relevant pre-death treatment losses, loss of financial support and moral damages for qualifying relatives.

What is loss-of-support compensation?

It compensates qualifying persons for financial support they would probably have continued receiving from the deceased.

Did the compensation rules change in 2026?

Yes. Law No. 7589 added new provisions to Article 55 concerning interest calculation for working-capacity and support-loss damages and proportional deduction of certain pre-investigation payments.

Can I claim compensation even if experts say there was no technical malpractice?

Potentially in certain circumstances. In its 20 May 2026 decision, the Court of Cassation upheld compensation where technical medical malpractice was not established but adequate informed consent had not been proven.

Can I sue a private hospital?

Potentially. The proper civil and consumer-law route must be determined. Consumer Court disputes generally require pre-litigation mediation, subject to statutory exceptions.

Can I claim against a state hospital?

Potentially, but the claim generally proceeds through administrative law and can involve strict Article 13 preliminary application periods.

Do I have to return to Turkey?

Not necessarily simply to start the legal process. Many steps may potentially be undertaken through authorised Turkish counsel.

Conclusion: Medical Malpractice Compensation Can Extend Far Beyond a Refund

A medical malpractice compensation claim in Turkey should not be valued solely by looking at the price originally paid for treatment.

The financial consequences of medical negligence can extend far beyond the initial hospital invoice.

Under Article 54 of the Turkish Code of Obligations, bodily injury losses expressly include:

treatment expenses,

loss of earnings,

losses arising from reduction or loss of working capacity,

and

losses caused by impairment of economic prospects.

Where malpractice causes death, Article 53 separately recognises funeral expenses, qualifying pre-death losses and deprivation-of-support damages.

Non-material compensation must then be analysed separately.

A patient who suffers permanent paralysis, chronic pain, nerve damage, significant scarring, loss of bodily function or disfigurement may have a moral-damages claim even where every financial expense has already been reimbursed.

The distinction is therefore fundamental:

Material compensation addresses financial loss.

Moral compensation addresses non-financial injury to bodily integrity and the consequences recognised by Turkish law.

Serious cases can involve both.

For foreign patients, documentation is especially important.

A claimant should preserve:

medical records,

corrective-treatment reports,

foreign hospital invoices,

payslips,

tax returns,

employment documents,

permanent-disability reports,

photographs,

consent documents,

contracts and WhatsApp communications.

The patient’s actual foreign income may be highly significant where future earning capacity has been affected.

Medical expert evidence and actuarial evidence should also be distinguished.

The medical expert addresses whether injury exists, whether it is permanent and whether it was caused by the treatment.

The financial assessment determines the monetary consequences of that injury.

A further important development applies from 2026.

Law No. 7589, adopted on 16 July 2026 and published on 31 July 2026, amended Article 55 of the Turkish Code of Obligations by introducing specific rules for interest on loss-of-working-capacity and loss-of-support compensation. Known-income periods and future periods for which income is not yet known now have different statutory interest starting points. The amendment also regulates proportional deduction of qualifying payments made before the evidentiary investigation stage.

Any contemporary high-value bodily injury or fatal medical malpractice calculation should therefore take this amendment into account.

The procedural route is equally important.

Claims involving private hospitals can fall within the civil and consumer-law system and may require mandatory mediation before Consumer Court proceedings.

Claims arising from public hospitals generally follow the administrative route. Article 13 of the Administrative Procedure Law requires a prior application concerning damage arising from administrative conduct within one year from learning of that conduct and in any event within five years from its occurrence.

Foreign patients should therefore avoid delaying legal assessment while continuing informal negotiations with the hospital.

Finally, compensation liability does not always depend solely on proving a technical surgical mistake.

The Court of Cassation’s 20 May 2026 decision confirms that inadequate informed consent can support compensation even where technical malpractice was not found, where the healthcare provider cannot establish that the patient received adequate information.

A complete medical malpractice compensation analysis should therefore ask:

Was the treatment medically negligent?

Was the patient properly informed?

What bodily injury resulted?

Is the injury temporary or permanent?

What additional treatment is necessary?

How much income has already been lost?

Has future earning capacity been reduced?

Has the claimant’s economic future been affected?

What permanent pain, disability, scarring or disfigurement remains?

If the patient died, who lost financial support?

What moral damages may be available?

Was treatment provided by a private or public healthcare institution?

Which procedural deadlines apply?

Only after these questions have been answered can the true value of a malpractice claim be assessed.

If medical treatment in Turkey has caused additional surgery, permanent disability, loss of income, reduced working capacity, disfigurement or death, the compensation claim should be assessed according to both present and future losses rather than merely the amount originally paid for treatment. For foreign patients in particular, early collection of medical and financial evidence can be decisive in establishing the full value of the claim.

Legal Disclaimer

This article provides general information concerning material and moral compensation in Turkish medical malpractice law as of September 2026. It does not constitute individual legal advice or a calculation of compensation in any particular case.

The existence and value of a claim depend on the medical facts, causation, legal status of the healthcare provider, applicable contractual or administrative framework, informed-consent process, permanent disability findings, income evidence, actuarial calculations, applicable interest rules and procedural deadlines.

Each medical malpractice claim should therefore be assessed individually by appropriate Turkish legal counsel and medical experts.