Türkiye has become one of the major destinations for international patients seeking plastic surgery, dental treatment, hair transplantation, bariatric surgery, ophthalmology, orthopaedic procedures, fertility treatment and other medical services.

A typical health-tourism transaction may involve several actors at once:

• a foreign patient;
• a Turkish private hospital or medical centre;
• a Turkish physician;
• a health-tourism intermediary;
• a foreign marketing company;
• a hotel and transfer provider;
• and sometimes an insurance company.

This structure becomes legally important when something goes wrong.

A patient may return to Germany, the United Kingdom, the Netherlands, France, the United States or another country and only later discover an infection, permanent nerve injury, asymmetry, failed implant, incorrect dental treatment, severe scarring or another complication.

The immediate questions are usually:

Can I sue the hospital in Türkiye even though I live abroad?

Do I need to return to Türkiye to file the case?

Can I sue both the doctor and the hospital?

Does Turkish law apply?

What if the hospital calls the injury a “complication”?

Can I recover the cost of corrective treatment in my own country?

For many international patients, the answer is that a malpractice action can indeed be brought in Türkiye.

The real difficulty is not the patient’s nationality. It is correctly identifying the defendants, preserving the medical evidence, determining the applicable law and obtaining a medically sophisticated expert assessment.

Türkiye’s regulatory framework has also become significantly more detailed. The current International Health Tourism and Tourist Health Regulation, published on 26 April 2025, requires health facilities operating in international health tourism to be authorised. For surgical and interventional procedures, the healthcare facility is also required to obtain complication insurance. Importantly, the Regulation expressly states that health facilities and intermediary organisations are responsible, depending on the type of service they provide, for services supplied to the international patient, and that complications and medical malpractice arising following treatment are included within this responsibility framework.

For foreign patients, this means that health-tourism treatment is not a legally unregulated commercial transaction.

1. Can a Foreign Patient File a Medical Malpractice Case in Türkiye?

Yes.

Being a foreign citizen or living outside Türkiye does not prevent a patient from bringing proceedings before Turkish courts.

Under Article 40 of the Turkish International Private and Procedural Law Act No. 5718 (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun – MÖHUK), the international jurisdiction of Turkish courts is principally determined by the domestic territorial-jurisdiction rules.

This is highly relevant in health-tourism disputes because the central events commonly occurred in Türkiye:

• the hospital is located in Türkiye;
• the doctor performed the procedure in Türkiye;
• the medical contract was performed in Türkiye;
• the alleged negligent act occurred in Türkiye; and
• substantial parts of the evidence are located in Türkiye.

Accordingly, if a foreign patient underwent surgery at a private hospital in Istanbul and alleges negligent treatment during that surgery, there will normally be a strong jurisdictional connection with the Turkish courts.

For tort-based claims, Article 16 of the Turkish Code of Civil Procedure also recognises jurisdiction at, among other places, the location where the wrongful act occurred or where the damage occurred.

Therefore, a patient does not lose access to Turkish courts merely because they flew home after the operation.

2. Which Court Will Hear the Case?

This depends primarily on whether the treatment was provided by a private healthcare provider or a public healthcare institution.

Private hospital or private clinic

Where an individual patient purchases healthcare from a private hospital, clinic or doctor for personal purposes, the dispute will commonly fall within consumer-law jurisdiction.

Recent medical-malpractice litigation against private hospitals and doctors is routinely heard before Consumer Courts. For example, the Court of Cassation’s 2024 medical-malpractice cases include proceedings originating from Consumer Courts against both hospitals and treating doctors.

Before bringing a claim that must be filed before a Consumer Court, mandatory mediation generally applies under Article 73/A of the Consumer Protection Law, subject to the statutory exceptions.

This procedural stage should not be treated as a formality.

In a health-tourism case, the mediation application can be used to identify:

• the hospital;
• the physician;
• the intermediary company;
• the amount sought;
• corrective-treatment expenses;
• permanent injury;
• and the settlement position of the defendants.

If no settlement is reached, litigation can proceed.

Public hospital or state university hospital

The procedural route is different.

Claims based on alleged negligent healthcare delivered by public institutions generally fall within the administrative jurisdiction and may require a full-remedy action (tam yargı davası) against the relevant administration rather than an ordinary private-law action against the hospital.

Article 13 of the Administrative Procedure Act requires persons harmed by an administrative act to apply to the relevant administration within one year from learning of the act and in any event within five years from the act, before bringing the full-remedy action. If the request is rejected or no answer is given within 30 days, the subsequent judicial period begins.

Therefore, identifying the legal status of the healthcare institution is one of the first steps in any Turkish malpractice investigation.

3. Which Law Applies to a Foreign Patient’s Treatment?

This is where international medical-malpractice cases become more complicated.

A British patient may argue:

“I am British and purchased the treatment while I was in London, so British law should apply.”

That conclusion does not necessarily follow.

Under MÖHUK Article 24, contractual obligations are subject to the law selected by the parties. In the absence of a valid choice, the contract is normally governed by the law of the country with which it is most closely connected, with particular reference to the characteristic performer’s place of business.

For treatment physically performed by a Turkish hospital in Türkiye, this will often create a strong connection with Turkish law.

There is a special conflict-of-laws rule for consumer contracts under Article 26. However, Article 26 also contains an important exception for contracts under which the service must necessarily be supplied in a country other than the consumer’s habitual residence.

A medical-tourism contract requiring the patient to travel to Istanbul, Antalya or İzmir for surgery may therefore require careful analysis before assuming that the patient’s home-country consumer law applies.

There may also be a tort claim.

Under MÖHUK Article 34, tortious obligations are generally governed by the law of the country where the wrongful act occurred. If the wrongful act and damage occur in different countries, the law of the country where the damage occurred may apply, subject to the closer-connection rule.

For example:

Surgery: Istanbul

Negligent surgical act: Istanbul

Immediate physical injury: Istanbul

This strongly points towards Turkish law.

But imagine that the negligent procedure is performed in Türkiye and a serious consequence becomes apparent only months later after the patient returns to another country.

The conflict-of-laws analysis may become more nuanced.

Therefore, foreign patients should not assume either that Turkish law automatically applies to every issue or that their home-country law automatically follows them into a Turkish hospital.

4. A Foreign Jurisdiction Clause Must Be Checked Carefully

Health-tourism contracts sometimes contain provisions such as:

“All disputes shall be resolved exclusively by the courts of Country X.”

Such clauses should not simply be ignored.

Article 47 MÖHUK allows the parties, in certain foreign-element contractual relationships, to agree that disputes will be heard by the courts of a foreign state. Turkish proceedings may then be affected unless the foreign court declines jurisdiction or the jurisdiction objection is not properly made.

At the same time, MÖHUK expressly limits contractual exclusion of the special jurisdiction rules contained in Articles 44–46.

The enforceability and scope of a jurisdiction clause therefore need to be assessed in the context of the particular patient contract.

A clause hidden in general terms should never simply be assumed to eliminate all remedies in Türkiye.

5. Who Should Be Sued?

This is often more important than the medical issue itself.

Potential defendants may include:

The treating physician

The person who performed the allegedly negligent diagnosis, operation or treatment.

The private hospital or clinic

The hospital may be liable not only for its own organisational failures but also for the actions of persons used to perform the healthcare obligation.

In a significant 2024 decision, the Court of Cassation explained that the relationship between a private hospital and patient is contractual and that the medical-treatment element is generally governed by mandate principles. It also confirmed that hospital personnel involved in performance of the healthcare obligation are auxiliary persons and that the hospital may be liable under Article 116 of the Turkish Code of Obligations. Organisational failures may create an additional basis of liability.

The health-tourism intermediary

This deserves particular attention.

A foreign patient may never have spoken directly with the hospital before arriving in Türkiye.

Instead, the intermediary may have:

• advertised the treatment;
• selected the hospital;
• selected or recommended the doctor;
• negotiated the price;
• made representations about success rates;
• arranged flights or accommodation;
• organised transfers;
• provided translation;
• and controlled post-operative communication.

The 2025 International Health Tourism Regulation expressly regulates authorised intermediary organisations and provides that the health facility and intermediary are responsible according to the type of services they provide, including responsibility connected with post-treatment complications and malpractice within the regulatory framework.

This does not mean that every intermediary is automatically jointly liable for every surgical mistake.

Its actual role, contractual obligations, representations and conduct must be examined.

But an intermediary should not automatically be excluded from the investigation merely because it describes itself as a “travel consultant.”

6. What Constitutes Medical Malpractice Under Turkish Law?

A bad medical result is not automatically malpractice.

The essential inquiry is whether the physician acted in accordance with the professional standard of care applicable to the specific patient and procedure.

Turkish Court of Cassation jurisprudence places a demanding duty of care on medical professionals.

In its decision of 4 December 2024, the Court of Cassation’s 3rd Civil Chamber reiterated that a physician acting under a mandate-type relationship must act carefully and professionally and may be responsible even for relatively slight professional fault. The physician must determine the patient’s condition without unnecessary delay, take appropriate precautions and select and implement suitable treatment.

A malpractice allegation may therefore involve:

• failure to diagnose;
• delayed diagnosis;
• incorrect operation technique;
• operating on the wrong location;
• failure to order necessary tests;
• failure to recognise infection;
• inappropriate discharge;
• failure to monitor after surgery;
• incorrect medication;
• implant errors;
• anaesthesia mistakes;
• failure to respond appropriately to complications;
• inadequate hospital organisation;
• or absence of proper informed consent.

7. “It Was a Complication” Does Not Automatically Defeat the Case

This is perhaps the most common defence raised by hospitals.

The hospital may state:

“The operation was successful. Unfortunately, the patient experienced a known complication.”

That statement is not the end of the legal inquiry.

A proper malpractice assessment should examine at least three separate questions.

First: Was the complication itself avoidable?

If the adverse event resulted from a preventable technical error, it may not properly be classified as an unavoidable complication.

Second: Was the patient adequately informed?

A recognised complication may still create liability issues where the patient was not properly informed about the material risk before consenting.

Third: Was the complication managed correctly?

Even where the initial complication was unavoidable, failure to diagnose or treat it appropriately may constitute malpractice.

For example:

An infection may be a known risk of surgery.

But if the patient reports fever, discharge and severe pain for three days and the clinic repeatedly tells the patient through WhatsApp:

“This is normal. Take painkillers.”

without examination, subsequent deterioration may raise an entirely different malpractice issue.

8. Informed Consent Is Especially Important for Foreign Patients

Language is critical in health-tourism cases.

Turkish patient-rights rules require consent for medical interventions and require the patient to be informed regarding the subject and consequences of the proposed medical procedure.

A signed Turkish-language document does not necessarily resolve the question where the patient does not understand Turkish.

A genuine informed-consent investigation should ask:

• What language did the patient understand?
• Was an interpreter present?
• Who explained the risks?
• What alternatives were discussed?
• Were permanent risks explained?
• Was the patient given sufficient time to decide?
• Was the consent document translated?
• Was the signature obtained immediately before surgery?
• Are the documents generic templates?
• Does the form actually identify the complication that occurred?

Foreign-patient cases frequently contain a significant evidentiary advantage:

WhatsApp messages.

Health-tourism negotiations are often conducted almost entirely through WhatsApp or Instagram.

These messages can establish:

• what outcome was promised;
• how the procedure was advertised;
• what risks were mentioned;
• whether the patient complained after surgery;
• what the hospital advised;
• and whether requests for assistance were ignored.

These communications should be preserved before litigation begins.

9. Cosmetic Surgery Can Be Legally Different From Ordinary Medical Treatment

This distinction is particularly important in health tourism because many foreign patients travel to Türkiye for:

• rhinoplasty;
• breast surgery;
• abdominoplasty;
• liposuction;
• face lifts;
• body contouring;
• and similar aesthetic procedures.

Ordinary therapeutic treatment is generally analysed under mandate principles: the doctor must exercise proper professional care but does not normally guarantee that the patient will recover.

Purely aesthetic procedures may be treated differently.

Recent Court of Cassation decisions classify aesthetic interventions in appropriate circumstances as contracts for work (eser sözleşmesi), where a particular aesthetic result is undertaken.

In December 2024, the Court of Cassation’s 6th Civil Chamber held that simply finding the medical technique acceptable was insufficient where the contract involved an aesthetic result; whether the promised result had actually been achieved also had to be considered.

Similar 2024 decisions emphasised that a complication does not automatically eliminate responsibility in an aesthetic contract where the promised result has not been properly delivered or where the complication was not adequately disclosed and managed.

For a foreign cosmetic-surgery patient, advertising and pre-operative messages may therefore become extremely important.

A message such as:

“You will definitely have no scar”

or

“We guarantee perfect symmetry”

may have a very different evidentiary significance from a cautious explanation that medical outcomes cannot be guaranteed.

10. How Is Malpractice Proven?

Medical-malpractice cases are expert-evidence cases.

The court is not expected to determine surgical technique from ordinary judicial knowledge.

The medical records must normally be examined by specialists capable of answering:

• what the correct standard of care required;
• what the treating doctor actually did;
• whether there was a deviation;
• whether the adverse result was a complication or malpractice;
• whether the complication was appropriately managed;
• whether proper informed consent was obtained;
• and whether there is causation between the error and the patient’s injury.

The Court of Cassation has repeatedly stressed that expert reports must be sufficiently detailed, review the relevant medical material and answer concrete objections.

In a December 2024 decision, the 3rd Civil Chamber overturned a malpractice judgment because important radiology materials and objections had not been adequately assessed, requiring a new report from a properly constituted expert panel.

This is particularly important for foreign patients.

A two-paragraph report stating:

“The result is a known complication and there is no medical fault”

should not automatically end the litigation where the report fails to analyse the complete file.

11. A Second Medical Report From the Patient’s Home Country Can Be Valuable

Suppose a patient undergoes dental implant treatment in Türkiye.

After returning to Germany, a German university hospital concludes that:

• implants were positioned incorrectly;
• bone loss has occurred;
• several implants must be removed;
• reconstruction is required;
• and corrective treatment will cost EUR 35,000.

That report does not automatically bind the Turkish court.

But it can be extremely valuable.

It can help establish:

• the current medical condition;
• objective injury;
• necessary corrective treatment;
• causation;
• future medical expenditure;
• and which medical issues the Turkish expert panel must specifically address.

Foreign medical reports should therefore be obtained in detailed form and, where used in Turkish proceedings, translated appropriately.

12. What Compensation Can a Foreign Patient Claim?

Depending on the injury and applicable liability basis, the claim may include several heads of loss.

Corrective treatment expenses

For example:

• revision surgery;
• implant removal;
• dental reconstruction;
• infection treatment;
• scar revision;
• physiotherapy;
• rehabilitation;
• medication.

If correction must reasonably be performed in the patient’s country of residence, evidence of the local treatment cost can become important.

Past medical expenses

Payments already made because of the malpractice.

Future medical expenses

Where further treatment is medically necessary.

Loss of earnings

If the patient could not work because of the injury.

For foreign patients, this may involve:

• foreign salary records;
• tax returns;
• employment contracts;
• company accounts;
• and foreign expert evidence.

Permanent disability or loss of earning capacity

Particularly relevant in serious nerve, eye, orthopaedic and neurological injuries.

Caregiver expenses

Where another person must assist the patient.

Additional travel and accommodation

If the patient is forced to travel for corrective treatment or further examinations as a consequence of the alleged malpractice, such expenses may potentially form part of the damages analysis if causation and necessity are established.

Non-pecuniary damages

Compensation may also be sought for pain, suffering and interference with physical and psychological integrity.

The exact amount is determined under Turkish-law principles where Turkish law governs the claim.

13. What Happens if the Patient Dies?

Health-tourism malpractice can unfortunately result in death.

Potential claims may then include, depending on the circumstances:

• funeral expenses;
• treatment expenses before death;
• loss-of-support compensation;
• and non-pecuniary damages for eligible relatives.

The deceased patient’s relatives may also need to obtain foreign civil-status documents demonstrating marriage, parenthood or other family relationships.

These documents may require apostille or legalisation and certified Turkish translation before being used in Turkish proceedings.

14. Does the Patient Need to Travel Back to Türkiye to File the Case?

Usually, physical presence in Türkiye is not required simply to initiate the civil action.

A foreign patient can generally appoint a Turkish lawyer through a valid power of attorney issued abroad.

Depending on the country concerned, the document may require:

• notarisation;
• apostille under the Hague Apostille Convention; or
• consular/legalisation procedures;

followed by an appropriate Turkish translation.

Whether the patient will later need to attend Türkiye personally depends on the particular case.

For example, the court or expert may consider a physical examination necessary.

But in many cases, substantial aspects of the proceedings can be conducted through counsel and documentary medical evidence.

15. Foreign Plaintiffs Should Be Aware of Security for Costs

This is an often-overlooked procedural issue.

Article 48 MÖHUK provides that foreign natural or legal persons filing proceedings or enforcement actions before Turkish courts may be required to provide security for litigation expenses and potential losses of the opposing party.

However, the court must exempt the claimant where reciprocity exists.

International treaties may also become relevant.

Therefore, before filing the action, counsel should check:

• the patient’s nationality;
• any applicable treaty;
• reciprocity;
• and whether security is likely to be required.

This can affect the initial procedural budget of the litigation.

16. The Hospital’s Insurance Should Be Investigated

Foreign patients should not focus exclusively on the assets of the doctor.

Türkiye has compulsory medical-malpractice liability insurance for doctors, dentists and relevant specialists.

The applicable compulsory insurance framework covers professional-liability claims within policy terms and limits.

In addition, the 2025 International Health Tourism Regulation requires healthcare facilities to maintain complication insurance for surgical and interventional procedures performed within international health tourism.

These are not necessarily the same insurance product and should not be confused.

Counsel should therefore identify:

1. the doctor’s compulsory professional-liability insurer;
2. the relevant policy period;
3. any liability insurance held by the hospital;
4. the required health-tourism complication insurance;
5. the scope and exclusions of each policy.

The timing of the claim is particularly important in medical professional liability insurance because the compulsory policy operates with specific claim-trigger provisions. Turkish case law recognises the significance of the date on which the insured doctor or insurer receives the compensation demand.

17. Do Not Wait Too Long: Limitation Periods Are Complicated

Foreign patients should obtain legal advice quickly because there is no single limitation rule that safely covers every malpractice case.

The period depends on:

• whether the case is contractual;
• whether it is based on tort;
• whether the medical contract is characterised as mandate or contract for work;
• whether there was gross fault;
• whether the act also constitutes a criminal offence;
• and which country’s substantive law applies.

MÖHUK Article 8 provides that limitation is governed by the law applicable to the underlying legal relationship.

Under Turkish law, the Court of Cassation’s 3rd Civil Chamber held in its decision E. 2023/2982, K. 2024/3055, dated 14 October 2024, that claims arising from the mandate relationship between a patient and private doctor/hospital are subject to the five-year limitation rule applicable to mandate claims under Article 147 TBK.

A tort claim has a different structure: Article 72 TBK generally provides a two-year period from learning of the damage and responsible person and an ultimate ten-year period from the act, while a longer criminal limitation period may apply where the conduct constitutes an offence subject to such longer limitation.

Consequently:

Never calculate the deadline in an international malpractice case by relying on a single internet statement such as “medical malpractice cases have a ten-year limitation period.”

The claim must first be legally characterised.

18. What Evidence Should the Patient Preserve Immediately?

A strong health-tourism malpractice file should preserve evidence before contacting the hospital aggressively.

Important evidence may include:

• medical records;
• operation notes;
• anaesthesia records;
• discharge reports;
• laboratory results;
• pathology;
• imaging;
• CT/MRI files;
• pre-operative photographs;
• post-operative photographs;
• consent forms;
• invoices;
• payment receipts;
• bank transfers;
• treatment packages;
• hotel and flight records;
• advertising materials;
• screenshots of the clinic website;
• Instagram advertisements;
• WhatsApp conversations;
• emails;
• voice messages;
• intermediary contracts;
• correction offers made by the hospital;
• and medical reports obtained after returning home.

The patient should also preserve the original electronic files wherever possible.

A screenshot is useful.

The complete original conversation may be considerably more useful.

19. Be Careful With “Free Revision Surgery” Offers

A clinic faced with a dissatisfied foreign patient may respond:

“Come back to Türkiye. We will fix everything for free.”

This can be a reasonable solution in some cases.

But the patient should first obtain an independent medical assessment.

A revision procedure may:

• destroy evidence;
• alter the original condition;
• make causation more difficult to establish;
• expose the patient to further medical risk;
• or create a dispute about which doctor caused which damage.

Before undergoing revision surgery, the patient should ideally preserve:

• detailed photographs;
• imaging;
• independent medical reports;
• treatment records;
• and evidence of the existing condition.

Medical safety comes first, but legal evidence should be preserved where this can be done without delaying necessary treatment.

20. The 2025 Health Tourism Regulation Creates Additional Evidentiary Questions

The current regulatory regime makes several facts worth investigating in every case.

The 2025 Regulation requires health-tourism healthcare facilities and intermediary organisations to hold the relevant authorisation. It also requires hospitals, medical centres, laboratories and dialysis centres to meet TÜSKA accreditation requirements, while other covered facilities are subject to certification requirements; transitional compliance periods apply. Surgical and interventional procedures require complication insurance.

Therefore, counsel should investigate:

Did the hospital hold a valid international health-tourism authorisation?

Was the intermediary authorised?

Was the required complication insurance in force?

Who actually contracted with the patient?

Which entity received the money?

Which entity advertised the procedure?

Who provided translation?

Who was responsible for post-operative follow-up?

These regulatory questions may produce useful evidence even where the ultimate compensation claim is based primarily on contract or tort.

21. A Practical Litigation Strategy for a Foreign Patient

A properly structured case can be approached in stages.

Stage 1 — Obtain an independent medical assessment

Before focusing on damages, determine medically what went wrong.

Stage 2 — Preserve the evidence

Save medical files, photographs, WhatsApp messages, marketing materials and invoices.

Stage 3 — Identify all contractual parties

Determine whether the patient contracted with:

• the hospital;
• doctor;
• intermediary;
• foreign agent;
• or several parties.

Stage 4 — Investigate authorisations and insurance

Check the health-tourism regulatory status and relevant insurance policies.

Stage 5 — Determine jurisdiction and applicable law

Review MÖHUK, any choice-of-law provision and jurisdiction clauses.

Stage 6 — Determine the legal character of the treatment

Was it therapeutic treatment governed primarily by mandate principles, or an aesthetic procedure containing a result obligation?

Stage 7 — Calculate limitation periods

Do this before entering lengthy settlement discussions.

Stage 8 — Send a properly structured compensation demand

This may also be important for insurance notification.

Stage 9 — Complete mandatory mediation where required

Particularly for private healthcare consumer disputes.

Stage 10 — File the compensation action

Claims should identify both existing and future losses and request the necessary expert examination.

22. Example: British Patient Undergoing Cosmetic Surgery in Istanbul

Consider the following scenario.

A patient living in London contacts a health-tourism company through Instagram.

The package includes:

• abdominoplasty;
• liposuction;
• airport transfer;
• hotel;
• translator;
• and surgery at a private hospital in Istanbul.

Price:

GBP 8,500.

The patient undergoes surgery and returns to London.

Within ten days, severe wound problems develop.

The patient sends photographs to the Turkish clinic.

The clinic repeatedly replies:

“This is completely normal.”

The patient’s condition worsens.

A UK hospital diagnoses tissue necrosis and infection.

Revision procedures cost:

GBP 25,000.

The patient cannot work for four months and retains permanent scarring.

A Turkish malpractice action should not focus only on the appearance of the scar.

Counsel should investigate:

• whether surgical technique complied with medical standards;
• whether the patient was a suitable candidate;
• what risks were disclosed;
• whether the patient received understandable informed consent;
• whether the post-operative symptoms should have triggered immediate intervention;
• whether the clinic negligently delayed treatment;
• whether the promised aesthetic outcome was achieved;
• whether the intermediary assumed contractual responsibilities;
• and whether the UK corrective-treatment costs were caused by the Turkish treatment.

Because the case concerns an aesthetic procedure, the recent Court of Cassation jurisprudence concerning contracts for work and promised results may become especially important.

23. The Central Question Is Not “Was There a Complication?”

The better question is:

Did the hospital and doctor comply with every legal and medical obligation before, during and after the complication?

A patient may lose a malpractice case even after suffering severe injury if the evidence establishes:

• proper patient selection;
• appropriate treatment;
• genuine informed consent;
• unavoidable complication;
• timely diagnosis;
• proper complication management;
• and no causal medical error.

Conversely, a hospital should not escape liability simply by attaching the word “complication” to an adverse outcome.

Courts require a genuine medical assessment.

Conclusion: Foreign Patients Can Pursue Malpractice Claims in Türkiye — but the Case Must Be Built Before It Is Filed

A foreign health-tourism patient injured during treatment in Türkiye is not required to accept the hospital’s explanation simply because they have returned abroad.

Where the medical treatment was supplied in Türkiye, Turkish courts will frequently have a substantial jurisdictional basis. For private healthcare, Consumer Courts commonly play a central role, while malpractice involving public healthcare institutions follows the administrative-law route. International private-law rules must separately determine the applicable law and the effect of any choice-of-law or jurisdiction clause.

The most effective malpractice cases are constructed around four questions:

1. What exactly did the doctor promise and perform?

2. Did the treatment comply with the applicable medical standard?

3. Was the patient genuinely informed of the relevant risks?

4. Did the failure cause identifiable financial or non-financial damage?

For health-tourism patients, a fifth question should now be added:

5. Did the hospital and intermediary comply with Türkiye’s international health-tourism regulatory regime?

Türkiye’s 2025 Health Tourism Regulation expressly places complications and medical malpractice within the responsibility framework of authorised healthcare and intermediary services and requires complication insurance for surgical and interventional procedures.

The practical lesson is therefore simple.

Do not begin the case with the lawsuit. Begin with the evidence.

Secure the medical records.

Preserve the WhatsApp messages.

Obtain an independent medical opinion.

Identify the hospital, doctor, intermediary and insurers.

Calculate the correct limitation period.

Then determine the appropriate Turkish court and legal basis.

In an international medical-malpractice dispute, that preparation can be the difference between an allegation that the hospital describes as an unfortunate complication and a compensation claim capable of being proven before a Turkish court.