Full Details of Turkish Health Law & Medical Malpractice Claims in 2025

Turkish health law is a robust legal framework designed to safeguard patient rights, ensure healthcare quality, and regulate medical practice standards across both public and private sectors. The law governs the obligations of healthcare providers, the rights of patients, and the mechanisms for addressing grievances arising from medical treatment.

Medical malpractice cases in Turkey have increased significantly over the past decade, with thousands of patients seeking legal recourse for medical negligence each year. As Turkey’s healthcare system continues to evolve and modernize, understanding your rights as a patient and the legal framework governing medical practice becomes increasingly crucial.

At Akkas & Associates Law Firm, we have been guiding clients through complex medical malpractice cases since 1992, witnessing firsthand the transformation of Turkish health law and its impact on patient rights.

Table of Contents

This comprehensive guide explores the intricacies of Turkish health law, the legal pathways available for medical malpractice claims, and essential information every patient should understand about their rights within Turkey’s healthcare system.

Understanding Turkish Health Law: The Legal Framework

Turkish health law operates under a comprehensive legal structure that combines elements from the Turkish Civil Code, Criminal Code, and specialized healthcare regulations. The primary legislation governing healthcare in Turkey includes Law No. 1219 on the Practice of Medicine and Medical Sciences, the Patient Rights Regulation, and various Ministry of Health directives that establish standards for medical practice.

The Turkish healthcare system recognizes patients’ fundamental rights, including the right to receive appropriate medical care, informed consent, privacy, and access to medical records. These rights form the foundation upon which medical malpractice claims are built and evaluated by Turkish courts.

Under Turkish law, healthcare providers—including physicians, nurses, hospitals, and other medical institutions—owe patients a duty of care that must meet established professional standards. When this duty is breached, resulting in harm to the patient, grounds for a medical malpractice lawsuit may exist.

What Constitutes Medical Malpractice Under Turkish Law?

Medical malpractice in Turkey is defined as the failure of a healthcare provider to meet the standard of care expected of a reasonably competent professional in similar circumstances. The Turkish legal system recognizes several categories of medical malpractice:

Diagnostic Errors

Misdiagnosis or delayed diagnosis represents one of the most common forms of medical malpractice in Turkey. This includes failing to recognize symptoms, ordering inappropriate tests, or misinterpreting diagnostic results. Turkish courts have consistently held that physicians must exercise reasonable care in diagnosing patients and cannot be held liable for honest mistakes made within the bounds of acceptable medical practice.

Treatment Errors

Treatment-related malpractice encompasses improper treatment methods, medication errors, surgical mistakes, and failure to monitor patients adequately. The Turkish Court of Cassation has established precedents requiring healthcare providers to stay current with medical developments and employ treatment methods that align with contemporary medical standards.

Informed Consent Violations

Turkish health law mandates that patients receive comprehensive information about their medical condition, proposed treatments, risks, and alternatives before providing consent. Failure to obtain proper informed consent can constitute malpractice, even if the treatment itself was performed correctly.

Communication Failures

Inadequate communication between healthcare providers and patients, or among medical team members, can lead to malpractice claims. This includes failing to communicate test results, medication changes, or critical patient information during shift changes.

The Patient Rights Framework in Turkey

Turkey’s Patient Rights Regulation, implemented in 1998 and subsequently updated, establishes comprehensive protections for patients within the healthcare system. These rights include:

Right to Information and Informed Consent: Patients have the right to receive clear, understandable information about their health condition, treatment options, risks, and prognosis. Healthcare providers must ensure patients understand this information before obtaining consent for treatment.

Right to Privacy and Confidentiality: Medical information must be kept confidential, and patients have the right to privacy during examination and treatment. Unauthorized disclosure of medical information can result in both civil and criminal liability.

Right to Access Medical Records: Patients can request copies of their medical records, test results, and other relevant documentation. This right is crucial for patients considering malpractice claims, as medical records often provide essential evidence.

Right to Choose Healthcare Providers: Within the constraints of the healthcare system, patients have the right to choose their healthcare providers and seek second opinions.

Right to Refuse Treatment: Competent patients have the right to refuse treatment, even if such refusal may result in harm or death.

Understanding these rights empowers patients to make informed decisions about their healthcare and provides a foundation for legal action when these rights are violated.

Filing a Medical Malpractice Lawsuit in Turkey: Step-by-Step Process

Initial Case Evaluation

Before filing a malpractice lawsuit in Turkey, patients should undergo a thorough case evaluation with experienced medical malpractice attorneys. This evaluation includes reviewing medical records, consulting with medical experts, and assessing the strength of the potential claim. At Akkas & Associates, we provide comprehensive case assessments to determine the viability of malpractice claims and the potential for successful outcomes.

Gathering Evidence

Medical malpractice cases require substantial evidence to establish negligence and causation. Essential evidence includes:

• Complete medical records from all healthcare providers involved
• Expert medical opinions demonstrating the standard of care was breached
• Documentation of injuries and damages resulting from the alleged malpractice
• Witness statements from healthcare providers, family members, or other relevant parties
• Financial documentation showing economic losses due to the malpractice

Expert Medical Testimony

Turkish courts rely heavily on expert medical testimony in malpractice cases. Medical experts must demonstrate that the healthcare provider’s actions fell below the accepted standard of care and that this breach directly caused the patient’s injuries. Selecting qualified, credible medical experts is crucial for case success.

Filing the Lawsuit

Medical malpractice lawsuits in Turkey can be filed in civil court seeking monetary damages or in criminal court if the alleged malpractice constitutes a criminal offense. The choice of court depends on the specific circumstances of the case and the desired outcomes.

Civil malpractice cases seek compensation for damages including medical expenses, lost income, pain and suffering, and other losses resulting from the malpractice. Criminal cases may result in criminal penalties for healthcare providers but typically do not provide direct compensation to victims.

Statute of Limitations

Turkish law imposes strict time limits for filing medical malpractice claims. Generally, patients have five years from the date they discover or should have discovered the malpractice to file a civil lawsuit. For criminal cases, the statute of limitations varies depending on the severity of the alleged offense.

Missing these deadlines can result in the permanent loss of the right to seek legal recourse, making prompt legal consultation essential for potential malpractice victims.

Types of Damages Available in Turkish Medical Malpractice Cases

Turkish courts can award various types of damages in successful medical malpractice cases:

Economic Damages

Economic damages compensate patients for quantifiable financial losses resulting from malpractice, including:

• Medical expenses for additional treatment required due to malpractice
• Lost wages and reduced earning capacity
• Costs of ongoing care and rehabilitation
• Expenses for medical equipment or modifications to living arrangements

Non-Economic Damages

Non-economic damages address intangible losses such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

Turkish courts have become increasingly willing to award substantial non-economic damages in cases involving severe malpractice resulting in permanent injury or death.

Punitive Damages

While less common than in some other legal systems, Turkish courts may award punitive damages in cases involving particularly egregious conduct by healthcare providers.

Common Challenges in Turkish Medical Malpractice Cases

Proving Medical Negligence

Establishing that a healthcare provider breached the standard of care requires extensive medical knowledge and expert testimony. Medical malpractice cases often involve complex medical issues that can be difficult for judges and juries to understand without proper explanation from qualified experts.

Causation Issues

Even when negligence is established, proving that the negligence directly caused the patient’s injuries can be challenging. Pre-existing medical conditions, alternative causes, and the natural progression of disease can complicate causation analysis.

Institutional Challenges

Large hospitals and healthcare institutions often have significant resources to defend against malpractice claims. They may employ teams of experienced attorneys and medical experts to challenge patients’ claims, making skilled legal representation essential for plaintiffs.

Insurance and Compensation Issues

While medical malpractice insurance is becoming more common in Turkey, coverage gaps and limitations can affect the availability of compensation for successful claimants.

Types of Legal Proceedings in Medical Malpractice Cases

Civil Litigation

Most malpractice lawsuits are pursued in civil courts, where patients seek compensation for damages caused by private healthcare providers or professionals. Civil courts evaluate whether the medical care deviated from accepted standards and if this deviation caused harm.

Administrative Proceedings

Claims involving public institutions or state-employed healthcare professionals are typically handled by administrative courts. These courts assess systemic issues such as staffing, policies, and equipment adequacy contributing to negligence.

Criminal Liability

In cases of gross negligence or recklessness, criminal charges may be filed against healthcare providers under the Turkish Criminal Code. Charges include:

• Negligent Injury (Article 89): Punishable by imprisonment or fines.
• Negligent Homicide (Article 85): Carrying stricter penalties.
• Abuse of Official Duty through Negligence (TCK 257/2): Applicable to public healthcare providers

The distinction between simple negligence and conscious negligence influences the severity of penalties.

How to File a Medical Malpractice Lawsuit in Turkey: Step-by-Step Guide

1. Consult a Specialized Medical Malpractice Lawyer
   Engage an experienced lawyer knowledgeable in Turkish health law to assess your case and guide you through the legal process.
2. Gather Evidence
   Collect all relevant medical records, expert opinions, and documentation proving negligence or breach of duty.
3. Preliminary Examination
   Your lawyer conducts a detailed review to determine the strength of your claim.
4. File the Lawsuit
   If justified, the lawsuit is filed in the appropriate court—civil or administrative.
5. Expert Panel Review
   Courts often appoint medical expert panels to evaluate whether malpractice occurred based on medical standards.
6. Trial Proceedings
   Both parties present evidence and arguments. The court then issues a verdict.
7. Compensation and Enforcement
   If successful, the plaintiff may receive damages covering medical expenses, loss of income, pain and suffering, and future care needs.

Who Can Be Held Accountable?

• Individual Doctors: For negligence in diagnosis, treatment, or surgery.
• Hospitals and Clinics: For systemic failures such as poor management or faulty equipment.
• Other Medical Staff: Including nurses, technicians, and other healthcare professionals involved in patient care.

Common Challenges in Medical Malpractice Lawsuits

• Proving Causation: Establishing a direct link between the healthcare provider’s negligence and the harm suffered.
• Complex Medical Evidence: The need for detailed and expert medical testimony.
• Lengthy Legal Process: Court proceedings can be time-consuming and require persistence.

Professional legal representation is crucial to navigate these challenges effectively.

Actionable Advice for Patients and Healthcare Providers

• Patients: Keep detailed records of all medical treatments and communications. Seek immediate legal consultation if you suspect malpractice.
• Healthcare Providers: Maintain thorough documentation, adhere strictly to medical standards, and ensure continuous professional development to minimize liability risks.
• Both Parties: Consider alternative dispute resolution methods, such as mediation, to potentially resolve disputes more efficiently.

Overview of Turkish Health Law and Patient Rights

Turkish health law establishes a legal framework to protect patient rights, regulate healthcare providers, and ensure quality medical services across public and private sectors. Key patient rights include:

• Right to Informed Consent: Patients must be fully informed about medical procedures and risks before treatment.
• Right to Confidentiality: Medical information is protected under law.
• Right to Access Medical Records: Patients can request their health data.

Healthcare providers are legally obligated to adhere to accepted medical standards and ethical guidelines, with oversight by the Ministry of Health and professional bodies.

What Constitutes Medical Malpractice in Turkey?

Medical malpractice occurs when healthcare professionals deviate from accepted standards, causing harm or injury to patients. This includes errors in diagnosis, treatment, surgical procedures, or aftercare. Malpractice claims have increased as patient awareness grows and legal frameworks evolve.

Working with Medical Malpractice Attorneys

Choosing the Right Legal Representation

Medical malpractice cases require specialized knowledge of both medical and legal issues. When selecting an attorney, patients should consider:

• Experience handling medical malpractice cases
• Knowledge of Turkish health law and regulations
• Access to qualified medical experts
• Track record of successful outcomes
• Resources to handle complex, expensive litigation

Understanding Legal Fees

Medical malpractice attorneys in Turkey typically work on contingency fee arrangements, meaning they receive payment only if the case is successful. Understanding fee structures and costs is important for patients considering legal action.

The Attorney-Client Relationship

Successful medical malpractice cases require close collaboration between attorneys and clients. Patients should maintain open communication with their attorneys, provide complete information about their medical care, and follow legal advice throughout the process.

For patients who have experienced medical malpractice, our experienced legal team at Akkas & Associates provides comprehensive representation in complex healthcare litigation. Additionally, we offer guidance on healthcare compliance issues for medical institutions seeking to minimize malpractice risks.

Reach us for Expert Medical Malpractice Legal Representation

If you or a loved one has suffered harm due to medical negligence, misdiagnosis, surgical errors, or any form of healthcare malpractice in Turkey, time is of critical importance. Turkish health law provides specific timeframes for filing medical malpractice lawsuits, and delays can permanently compromise your right to seek compensation.

At Akkas & Associates Law Firm, our experienced medical malpractice attorneys have successfully represented hundreds of clients in complex healthcare litigation cases throughout Turkey since 1992.

We understand the intricacies of Turkish health law, maintain relationships with leading medical experts, and possess the resources necessary to challenge large healthcare institutions and insurance companies.

Don’t let medical malpractice go unaddressed – contact Akkas & Associates Law Firm today for a confidential consultation to evaluate your case and protect your rights under Turkish health law. Our dedicated legal team is ready to fight for the compensation you deserve and ensure that negligent healthcare providers are held accountable for their actions.

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