LEGAL DIMENSION OF MEDICAL MALPRACTICE AND DOCTOR ERROR IN TURKEY

LEGAL LIABILITY IN DOCTOR ERROR CASES

Claims of doctor error are addressed in legal proceedings to remedy patient grievances. Patients may seek compensation for material and moral damages resulting from medical malpractice in Turkey. Courts evaluate relevant medical standards, expert reports, and international medical guidelines to reach a verdict.

In Turkey, lawsuits related to doctor errors are assessed under both criminal law and compensation law. If a physician’s act involves gross medical negligence or intentional misconduct, criminal liability may arise. Additionally, patients may file medical malpractice compensation claims to recover damages they have suffered.

Medical malpractice in Turkey directly affects patient rights and determines physicians’ responsibilities. Doctor errors can have severe consequences for patient health, necessitating careful legal examination of such cases. Compliance with medical ethics and legal regulations is essential to ensuring patient safety and maintaining trust in the healthcare system.

LEGAL CONDITIONS FOR LIABILITY IN MEDICAL MALPRACTICE IN TURKEY

Legal liability in medical malpractice in Turkey refers to the responsibility of healthcare professionals to remedy any harm resulting from errors or medical negligence they provide to their patients. For this liability to arise, there must first be a medical service contract between the doctor and the patient.

Additionally, the doctor must have breached their duty of care during the medical intervention, caused harm to the patient, and there must be a causal link between the doctor’s error and the harm suffered by the patient. The fulfillment of these conditions establishes the doctor’s legal liability and initiates the relevant legal proceedings.

• Conditions of Contractual Liability in Cases of Medical Malpractice in Turkey

In contractual legal relationships, it is essential that the parties fulfill their rights and obligations in accordance with the provisions of the contract. For legal liability to arise due to a breach of contract, the following conditions must be met:

• One of the parties must commit an act in violation of the contract,
• This act must be based on fault,
• The act must result in damage,
• There must be an adequate causal link between the wrongful act and the damage.

If a doctor breaches the obligations undertaken by contract towards a patient and performs a medical intervention that results in harm to the patient, the doctor incurs contractual liability. In such cases, the patient may claim medical malpractice compensation for material or moral damages. When assessing a claim of contractual breach, factors such as the nature of the contract between the parties, the scope of obligations, and the degree of compliance with contractual terms are taken into account.

On the other hand, if a doctor’s unlawful actions result in the patient’s death or bodily harm, the matter is not limited to legal liability alone but may also be considered a negligent or reckless offense under the Turkish Penal Code. In such situations, the application of criminal sanctions against the doctor may be at issue.

• Liability in Contracts for Aesthetic Procedures

Aesthetic surgeries, dental prosthetics, and other beautification-related medical procedures fall under the category of contracts for work. In such contracts, the doctor’s primary obligation is to achieve the result requested by the patient, while the patient is obliged to pay the agreed fee. In contracts for work, the doctor is not only responsible for exercising due care but also for achieving the promised result.

In addition to their primary obligation, doctors must fulfill certain supplementary duties, including:

• Making an accurate diagnosis,
• Determining and applying the most appropriate treatment method,
• Obtaining the patient’s informed consent,
• Observing the duties of loyalty and care,
• Personally performing the treatment,
• Ensuring that the materials used meet quality standards,
• Maintaining complete medical records,
• Respecting patient confidentiality and maintaining professional secrecy.

Failure to properly or fully fulfill any of these obligations constitutes a contractual breach, leading to the doctor’s legal liability. If the promised result is not achieved or if the process is mismanaged, the patient may claim compensation based on the contract for work.

• Liability in Contracts for Therapeutic Treatment

Legal relationships regarding the treatment process are generally evaluated within the scope of contracts of mandate. In such contracts, the doctor’s primary duty is to diagnose and treat the patient’s illness. Unlike in contracts for work, a specific outcome is not guaranteed; rather, the doctor is expected to conduct the diagnosis and treatment process in accordance with the requirements of medical science and with due diligence.

Apart from their primary duty, doctors also bear additional responsibilities, including:

• Obtaining the patient’s informed consent,
• Complying with the duties of loyalty and care,
• Personally performing the treatment (except in exceptional cases),
• Acting in the best interests of the patient,
• Minimizing medical risks and preventing harm,
• Carrying out necessary legal procedures and monitoring the process,
• Keeping complete medical records,
• Providing the patient with explanations about the treatment process,
• Adhering to confidentiality and professional secrecy obligations.

If these obligations are violated, the doctor is deemed to have acted in breach of the contract, giving rise to legal liability. The patient may claim damages resulting from the doctor’s failure to fulfill their contractual duties.

• Tort Liability in Medical Interventions

In some cases, a doctor’s legal liability in medical interventions may arise not only from contractual obligations but also under the provisions of tort liability set forth in Article 49 of the Turkish Code of Obligations. For liability based on tort to be established, the following four conditions must be met:

• The commission of an unlawful act,
• Fault (intent or negligence),
• The occurrence of damage,
• An adequate causal link between the wrongful act and the damage.

If these conditions are met, a patient who has suffered harm due to the doctor’s unlawful and negligent actions may seek legal remedies under tort liability. Provided that certain conditions are fulfilled, the injured party may claim both material and moral compensation for medical malpractice in Turkey.

The assessment of unlawfulness considers acts that are prohibited, mandated, or imposed by legal provisions, as well as situations that cause damage to property or personal integrity.

Furthermore, if a patient suffers death or bodily harm due to a doctor errors in Turkey, such acts may be classified as negligent or reckless offenses under the Turkish Penal Code, potentially leading to the doctor’s criminal liability.

• Liability Arising from Unauthorized Agency in Medical Interventions

Unauthorized agency (negotiorum gestio) in medical interventions refers to cases where a patient is unconscious or unable to express their will, and medical intervention is performed to protect their health. In such cases, the concept of presumed consent applies—meaning that if the patient were able to provide consent, they would presumably approve the intervention.

Unauthorized agency arises in three main situations:

1. When the patient is unable to express their will: If the patient is incapable of expressing consent due to their medical condition, the healthcare provider may intervene for the patient’s benefit.
2. Unforeseen complications during treatment: If an unexpected complication arises during treatment and the patient cannot provide consent, the medical intervention is considered to fall under unauthorized agency.
3. Invalid contracts: If the contract between the patient and the healthcare provider is deemed invalid, an unauthorized agency relationship is recognized.

Unauthorized agency involves medical interventions performed without the patient’s explicit consent. In such cases, the healthcare provider or doctor may be held liable. However, in emergencies or when the patient is unconscious, interventions performed in the patient’s best interest without obtaining explicit consent are considered outside the scope of an agency relationship, meaning that contractual liability does not arise.

According to Article 24(2) of the Turkish Civil Code, medical interventions performed out of necessity to protect the patient’s best interests constitute a justification for legal compliance. Since such interventions are not deemed unlawful, they do not give rise to tort liability for the doctor.

TYPES OF MEDICAL MALPRACTICE COMPENSATION CLAIMS ARISING FROM MEDICAL ERROR

Medical errors that occur during treatment can lead to the legal responsibility of the doctor, and if the patient suffers harm, compensation claims may arise. In a malpractice lawsuit in Turkey, the court evaluates whether the doctor’s actions were in line with medical standards. Patients who have suffered harm due to medical negligence may file types of medical malpractice compensation claims, which can include both material and moral damages. These claims can be pursued separately or together.

1- Medical Malpractice Compensation for Material Damages

In lawsuits related to medical negligence in Turkey, the burden of proof lies with the harmed party, which could be the patient or, in some cases, their relatives. Determining the exact amount of damage may not always be possible, so the judge uses discretion to make a fair assessment.

A patient filing for material damages due to medical malpractice in Turkey may claim compensation for:

• Medical Expenses: Additional treatment costs resulting from the malpractice.
• Loss of Earnings: Income lost due to reduced working capacity.
• Reduced or Lost Working Ability: Compensation for the decrease or loss in the patient’s ability to work.
• Disruption of Economic Future: Financial losses and future income reduction caused by the malpractice.

If the medical intervention results in the patient’s death, the deceased’s family members may also claim compensation for:

• Funeral Expenses: Costs related to burial and funeral arrangements.
• Medical and Loss of Working Power Expenses: If death was not immediate, compensation for medical costs and lost income.
• Loss of Financial Support: Compensation for dependents who relied on the deceased’s financial support.

2- Medical Malpractice Compensation for Moral Damages

In malpractice lawsuit in Turkey, moral damages are awarded to compensate for the emotional suffering caused by medical negligence rather than to provide financial gain.

Patients may seek moral damages compensation for:

• Violation of Physical Integrity: Pain, distress, and suffering caused by physical harm.
• Severe Physical Harm or Death: The emotional distress experienced by both the patient and their relatives in cases of serious injury or loss of life.

Judges determine the amount of moral damages based on the circumstances of the case, ensuring that the compensation alleviates the emotional distress without leading to unjust enrichment.

Both material and moral damages lawsuits for medical malpractice in Turkey play a crucial role in holding doctors accountable for medical errors and ensuring justice for harmed patients in malpractice lawsuit in Turkey.

LITIGATION PROCESS OF MEDICAL MALPRACTICE LAWSUIT IN TURKEY

Medical malpractice claims are crucial for protecting the legal rights of individuals harmed by medical errors. In these cases, compensation may be sought for damages resulting from faulty medical interventions by doctors. The litigation process in a malpractice lawsuit in Turkey may vary depending on the parties involved, the proof of the medical error, and the statute of limitations. Below are the key stages in the litigation process for medical malpractice claims in Turkey.

1- Parties in a Medical Malpractice Compensation Lawsuit in Turkey

The right to initiate a medical malpractice claim process in Turkey belongs to the harmed individual or their legal representatives. The parties involved in the case depend on whether the doctor works in a public or private healthcare institution:

• Lawsuits Against Doctors Working in Public Institutions: Lawsuits cannot be directly filed against doctors working in state hospitals, university hospitals, or family health centers. In such cases, the lawsuit is filed against the institution the doctor is affiliated with, such as the Ministry of Health or the relevant university.
• Lawsuits Against Doctors Working in Private Healthcare Institutions: A lawsuit can be filed directly against doctors working in private hospitals or clinics. These cases are subject to judicial review and are typically handled in consumer courts. In these lawsuits, both the doctor and the private hospital they work for can be sued for material and moral compensation.

2- Proving the Doctor Error in a Medical Malpractice Compensation Lawsuit in Turkey

In medical malpractice lawsuit in Turkey, proving the medical error is a crucial element that directly affects the outcome of the case. According to Article 190 of the Civil Procedure Code, the burden of proof lies with the party seeking compensation. Therefore, the harmed individual must prove that the doctor made an error in their medical intervention.

Additionally, the doctor is responsible for proving that the patient’s consent was obtained. According to the established decisions of the Court of Appeals and the doctrine, the doctor must prove that they fulfilled their obligation to inform the patient under GDPR in Turkey. This is supported by Article 24 of the Turkish Civil Code.

3- Statute of Limitations in a Medical Malpractice Compensation Lawsuit in Turkey

The statute of limitations in a malpractice lawsuit in Turkey depends on the type of legal relationship between the parties involved:

• Statute of Limitations for Responsibility Arising from Agency Contracts: For compensation claims related to medical procedures, the statute of limitations is five years, as per Article 147/5 of the Turkish Code of Obligations. This period starts from the date the agency relationship ends or the agent’s obligation to account is fulfilled.
• Statute of Limitations for Responsibility Arising from Work Contracts: For cases related to aesthetic procedures, such as cosmetic surgery, the statute of limitations is five years (Article 147/6 of the Turkish Code of Obligations). However, if there is gross negligence on the part of the surgeon, the statute of limitations can be extended to twenty years (Article 478 of the Turkish Code of Obligations).
• Statute of Limitations for Responsibility Arising from Torts: For claims based on tort, the statute of limitations is two years from the date the harm and the responsible party are known, and ten years from the date the tort was committed (Article 72 of the Turkish Code of Obligations).

4- Competent Court in a Medical Malpractice Compensation Lawsuit in Turkey

The competent court for a medical malpractice claim process in Turkey may differ depending on the legal grounds of the case:

• General Competent Court: In general, the court in the defendant’s place of residence has jurisdiction. If there are multiple defendants, the lawsuit can also be filed in the place of residence of one of the defendants.
• Court for Contract-Based Lawsuits: In cases based on contracts, the competent court is the one located in the place where the medical intervention occurred and where the contractual obligations were fulfilled.
• Court for Tort-Based Lawsuits: In cases based on tort, the competent court is the one located in the place where the tort occurred, where the harm was caused, or where the harmed individual resides.

A legal process of medical malpractice in Turkey involves a complex legal procedure. Factors such as the parties involved, the burden of proof, and the statute of limitations determine how the litigation will proceed. Patients who have suffered harm due to medical error in Turkey can file a lawsuit against the responsible healthcare institution. Seeking legal advice on medical errors in Turkey and liability plays a crucial role in ensuring the success of the lawsuit.

DEFINITION OF AESTHETIC MEDICAL INTERVENTIONS

Aesthetic medical interventions encompass surgical and medical procedures preferred by individuals to improve, beautify, or rejuvenate their appearance, based on personal goals. These interventions are generally non-essential and are performed according to the individual’s aesthetic concerns, offering changes made according to personal desires. Aesthetic procedures can be categorized into two main types: those aimed at beautification and those offering both aesthetic and functional benefits.

1- Beautification-Oriented Aesthetic Medical Interventions

Beautification-oriented aesthetic medical interventions are procedures aimed at improving a person’s physical appearance, typically falling under aesthetic surgery. These procedures are carried out solely for aesthetic reasons, without a physical necessity. The most common beautification-oriented aesthetic interventions include:

• Rhinoplasty (Nose Surgery): A surgical procedure aimed at correcting or improving the shape of the nose.
• Facelift: A surgical intervention aimed at reducing wrinkles and sagging in the face.
• Liposuction (Fat Removal): A procedure where excess fat is surgically removed to improve the contours of the body.

These procedures are typically performed based on the individual’s personal desires for aesthetic concerns and are usually not a medical requirement but rather an individual choice.

2- Therapeutic Aesthetic Medical Interventions

Therapeutic aesthetic interventions are those that both enhance aesthetic appearance and provide functional benefits. These procedures can help improve the quality of life of individuals due to conditions such as trauma or congenital abnormalities. Some examples include:

• Post-Trauma Repairs: Correction of deformities resulting from accidents or injuries, which not only contributes to aesthetic appearance but also to the individual’s physical and emotional well-being.
• Correction of Congenital Abnormalities: Correction of congenital shape disorders, such as cleft lip and palate, improves both the aesthetic and functional aspects, enhancing the individual’s appearance and making daily life easier.

These types of interventions provide not only aesthetic benefits but also contribute to the individual’s health and functionality.

3- Medical Practice and Doctor Errors in Aesthetic Procedures

In aesthetic medical interventions, medical practice errors can occur due to healthcare professionals’ failure to meet professional requirements, non-compliance with medical standards, or actions that are inexperienced, careless, or negligent. These types of mistakes are referred to as medical malpractice. Below are some examples of medical practice errors in aesthetic procedures:

• Interventions by Unauthorized Individuals: Aesthetic procedures performed by individuals who lack adequate training and experience, or exceed the boundaries of their expertise, can lead to serious medical errors.
• Insufficient Information: If the patient is not sufficiently informed about the method of intervention, its scope, and potential risks, their consent and approval may not be valid.
• Exceeding the Limits of Consent: While the patient may consent to the procedure, they must be clearly informed about the scope and outcome of the intervention. If these boundaries are exceeded, a medical error occurs.
• Wrong Diagnosis or Treatment: A wrong diagnosis before the aesthetic intervention or the application of an unnecessary treatment method can lead to harmful outcomes.
• Medical Negligence and Carelessness: Failure to demonstrate necessary care, non-compliance with sterilization rules, or improper execution of the procedure can result in medical malpractice.

In cases of medical malpractice in Turkey, healthcare professionals may be held legally responsible, and damages resulting from these errors can be claimed. Additionally, when legal conditions are met, criminal liability may arise for the healthcare professionals involved. This allows for the filing of medical malpractice lawsuit in Turkey to compensate for the harm suffered by the patient.

CONDITIONS FOR FILING A MEDICAL MALPRACTICE COMPENSATION LAWSUIT IN TURKEY DUE TO FAULTY AESTHETIC SURGERY

To file a medical malpractice compensation lawsuit in Turkey for faulty aesthetic surgery, certain conditions must be met. These conditions are outlined as follows:

• Physician’s Faulty Actions: The physician must have committed a faulty action during the medical procedure. This means the physician failed to meet professional requirements or did not adhere to medical standards.
• Patient’s Injury: The patient must have sustained either material or moral damage as a result of the faulty aesthetic procedure. This damage can be evaluated both physically and psychologically.
• Causal Link: There must be a causal link (causality) between the physician’s faulty action and the harm suffered by the patient. In other words, the patient would not have been harmed had it not been for the physician’s mistake.

These three points constitute the fundamental requirements for medical malpractice claim in Turkey, although in some cases, the condition of unlawfulness may also be considered. Unlawfulness in medical practice errors often arises from violations such as failing to inform the patient or not obtaining informed consent. 

DETERMINING THE COMPENSATION AMOUNT FOR MEDICAL MALPRACTICE

When claiming compensation for medical malpractice in Turkey, it should be remembered that compensation is not intended as a means of enrichment. The compensation amount determined for medical malpractice in Turkey should be proportional to the damage caused by the faulty medical procedure.

• Determining Material Compensation: Material compensation is determined to cover the patient’s financial losses and the reduction in their quality of life. Expert reports are crucial in this regard. The TRH 2010 life table, which is more appropriate for current living conditions in Turkey, is used today instead of the previously used PMF 1931 life table. The amount of medical malpractice compensation is calculated according to this table.
• Determining Moral Compensation: Moral compensation aims to alleviate the patient’s emotional distress, pain, sorrow, grief, and suffering. However, there is no objective method for calculating moral compensation. Therefore, the amount of moral compensation is determined by the judge based on the specific circumstances of the case, and discretionary power is exercised.

MANDATORY MEDIATION IN MEDICAL MALPRACTICE CLAIMS DUE TO FAULTY AESTHETIC SURGERY

In compensation claims arising from faulty aesthetic surgeries conducted in private healthcare institutions (e.g., private hospitals, medical centers, or doctor’s offices), the mandatory mediation phase plays an important role. Particularly in medical malpractice compensation lawsuit in Turkey filed in consumer courts, completing the mandatory mediation process is a requirement for filing the lawsuit.

The mediation process in Turkey is an alternative dispute resolution method aimed at resolving disputes between parties without going to court. If a lawsuit is filed without completing this process, the case will be rejected due to the lack of a necessary procedural condition. This situation can lead to time loss and additional legal expenses.

Therefore, in disputes arising from faulty aesthetic surgeries, it is essential to first initiate the mandatory mediation process for compensation claims considered under private law. Completing the process in accordance with the procedure is crucial to preserve the right to file a lawsuit and initiate the court process.

THE IMPORTANCE OF WORKING WITH A MEDICAL MALPRACTICE ATTORNEY IN TURKEY

Medical malpractice cases in Turkey are inherently complex and require careful navigation through a series of technical, procedural, and evidentiary challenges. The intricacies of these cases make them distinct from other types of legal disputes, and it is essential for individuals pursuing a malpractice lawsuit to work with an experienced attorney. Here are several key reasons why enlisting the help of a medical malpractice attorney in Turkey is crucial for a successful case:

1. Technical Complexity of Medical Malpractice Lawsuit in Turkey

Medical malpractice claims often involve technical medical issues that require a deep understanding of medical practices, procedures, and standards. Establishing that the healthcare professional’s actions deviated from these established standards is no simple task. Lawyers specializing in malpractice have the medical knowledge and connections to expert witnesses needed to interpret complex medical records, procedures, and expert testimony. They can provide the expertise required to effectively communicate these technicalities in court and ensure the patient’s case is adequately presented.

2. Difficulty in Proving Harm in MEdical Malpractice Lawsuit in Turkey

One of the biggest challenges in medical malpractice cases in Turkey is proving that harm or injury occurred as a result of a medical negligence. The burden of proof lies with the plaintiff, who must demonstrate, with sufficient evidence, that the healthcare provider’s actions directly caused the injury. This task can be particularly daunting when the damages are not immediately visible or are compounded by complex medical conditions. A skilled malpractice attorney in Turkey is essential to help gather medical records, reached experts, and establish a clear link between the alleged medical negligence and the injury sustained.

3. Complex Procedural Requirements of Medical Malpractice Lawsuit in Turkey

The procedural aspects of medical malpractice cases can be overwhelming. These cases involve intricate legal rules and timelines, including specific statutes of limitations, filing requirements, and deadlines for evidence submission. Failing to comply with any of these legal procedures could lead to the dismissal of the case, resulting in a loss of the right to seek compensation. A medical malpractice lawyer is well-versed in these procedural rules and can guide the plaintiff through every step of the legal process, ensuring that critical deadlines are met and that the case remains on track.

4. Risk of Filing in the Wrong Court

The jurisdiction and venue for medical malpractice cases are critical to the success of the malpractice lawsuit in Turkey. If the case is filed in the wrong court, it could lead to significant delays and wasted time, further complicating an already challenging situation. A medical malpractice attorney in Turkey knows which courts have the proper jurisdiction over a case and can ensure that the lawsuit is filed in the appropriate court from the outset, saving valuable time and preventing unnecessary setbacks.

5. Negotiating a Fair Medical Malpractice Settlement

In many malpractice cases, an out-of-court medical malpractice settlement is a possibility. However, negotiating a fair medical malpractice settlement requires a deep understanding of the case’s value, the medical complexities involved, and the potential risks of going to trial. An experienced malpractice attorney in Turkey can effectively negotiate with insurance companies, opposing lawyers, and other parties involved to secure a settlement that adequately compensates for the injuries sustained, without settling for less than what the client is entitled to.

Medical malpractice claim process in Turkey is not only legally challenging but also emotionally taxing for those affected. Working with a malpractice lawyer in Turkey ensures that victims of medical negligence have a dedicated advocate on their side. From navigating complex technical details to handling procedural intricacies and negotiating settlements, a medical malpractice attorney’s expertise is invaluable. With the right legal support, individuals can increase their chances of securing fair compensation and holding negligent healthcare providers accountable for their actions.