Medical Malpractice in Turkey

Medical Tourism in Turkey

Many people choose Turkey for hair transplantations, dental procedures, plastic surgeries, and other medical remedies. Turkey is a must-see destination and tourists come here for a bedazzling vacation while getting their medical procedures done. Also, the medical scene in Turkey is quite professional with its modern hospitals, well-educated doctors, and nurses. The chance for a spectacular vacation along with state-of-the-art medical services is an opportunity one cannot miss.

However, uninformed visitors may face poor medical services that may result in unwanted results and complications. Turkey has a wide variety of implemented laws and provisions that aid victims of these procedures. We will look into the basics of these laws and procedures, but first, we must define what medical malpractice is according to Turkish law.

Medical Malpractice

All medical procedures that go awry are separated into two categories: Malpractice (and/or negligence) and complication. Medical malpractice comes into question when a doctor, nurse or hospital staff makes a medical intervention in neglect or bad faith.

Doctors and nurses are required to work diligently in accordance with the latest medical protocols and procedures. Any mistake resulting from negligence or bad faith will result in medical malpractice. However, not all unwanted results are counted as malpractice.

Complications are also unwanted results of medical procedures, but not all are unexpected. For example, it is possible to get infected after a surgery. As long as the required hygiene protocols and consent forms have been carried out, complications will not result in a lawsuit. However, if the patient was not informed of possible complications, this will again be a basis for medical malpractice lawsuits.

Legal Basis for Medical Malpractice Lawsuits

In terms of legal basis, there is a difference between medical and aesthetic remedies. Turkish courts deem that if one seeks medical remedies for diseases, the legal relationship with the patient and the doctor is a “mandate contract,” but if the procedures are of an aesthetic nature, the relationship is regarded as a “work contract.” So, what are the main differences between these two relationships?

Once a mandate contract has been made between the patient and the doctor, the doctor will make the basic decisions on how to treat the illness, as it is their realm of expertise. As long as the doctor follows the best possible procedures according to the established protocols, they will be legally doing their part.

In terms of plastic surgeries, it is the patient who will mandate the outcome of the procedure, and the doctor is obligated to make sure that the patient will get what they required. For example, if the patient wants their nose to be in a certain shape, the rhinoplasty procedure should result in the desired shape. If the outcome is not according to the patient’s liking, this will create a basis for a medical malpractice lawsuit.

Taking Legal Action

You have the right to take legal action against doctors, nurses, and hospitals in the Consumer Courts of Turkey. You may find the outline of the process below.

First of all, you must issue a Power of Attorney to a Turkish lawyer to act on your behalf. This will allow the lawyer to make the necessary applications, file lawsuits, and enforce the court’s decision to receive the compensation. You may read our article “Issuing a Power of Attorney” by clicking on the link to find out how to issue one.

Once the Power of Attorney has been issued, your lawyer will apply for mediation. This is a new and mandatory step for lawsuits filed in Consumer Courts. During the mediation process there will be multiple meetings with the opposing party under the guidance of the mediator. Both parties will try to reach a solution for the benefit of everyone. If the parties agree on each other’s terms, an agreement will be made between the parties. If not, your lawyer will continue with the litigation process.

Your lawyer will prepare a petition based on your statements and experiences. It is vital that you will have documentation, witnesses, and any other evidence necessary to prove your case. All these will be included in the petition.

Once the petition has been filed, the court will issue a preliminary proceedings report. This will be served to all parties. In this report, the court will ask the litigant to clarify mistakes, complete missing documents etc. and the litigious to submit a reply petition. This report will also include the date for the first hearing.

The first hearing, also known as “the preliminary examination hearing,” is held to determine everything necessary to continue with the case. The judge will examine all the documents and determine whether the case has matured enough to continue with the investigation phase.

During the investigation phase, the judge will submit the file to experts to prepare reports on the case. The number of experts vary according to the complexity of the case. Some medical procedures are made by multiple medical specialists and thus needs multiple experts to create a report on the matter.

After the report is submitted to the court, the parties will have a chance to object to the report. Then, the experts are obliged to provide an addendum to the report according to the objections of the parties. If the second report is also unsatisfactory, there is a chance to get another report prepared from a different body of experts.

In terms of medical malpractice lawsuits, there are two types of experts. The initial experts will determine the nature of the medical procedure and whether there is a malpractice or not. The second body of experts will determine the material loss of the patient. This second type of report will roughly determine the amount of compensation the patient will receive.

Once all the reports have been submitted to the court and all the witnesses have been heard, the court will continue with the decision phase. This is a single hearing where the court will make a final decision. During this hearing, the judge will not provide the detailed basis of the decision. The detailed decision will be notified to the parties in writing soon after.

Appealing the Initial Decision

Parties dissatisfied with the court decision could apply for an appeal. The Turkish legal system has two different appeal courts. There are the Courts of Appeal and the Supreme Court of Appeals. In terms of consumer related decisions, the initial appeal step begins with the Courts of Appeal.

During this step, the appeal court will examine the court decision as well as the file and decide whether the initial decision was properly justified. There is a chance to also appeal this decision in the Supreme Court of Appeals, but there are some criteria that needs to be met (for example, the case has to amount to a minimum sum in compensation).

Enforcement of the Decision

Once the decision is final, your lawyer will enforce the decision and collect the compensation from the opposing side. This is also a part of the procedure and may take some time.

What to Expect

In the Turkish legal system, enrichment via court decisions is not possible. You will only be compensated for your material loss (your payment to the hospital or doctor, travel expenses, accommodation expenses, payment made to other hospitals and/or doctors for reparations, and the accrued interest) and your immaterial damages (such as psychological distress, depression etc.).

Also, the Turkish litigation system is somewhat slow due to multiple factors. Thus, the whole process may take a couple of years to complete.

If you have any further questions about this matter, make sure to reach us via WhatsApp, phone, or e-mail.