Understanding Patient Rights in Eye Surgery Malpractice in Turkey
4/19/20254 min read
Permanent Eye Damage After Surgery and Legal Responsibility: Who Protects Patients in Cases of Medical Malpractice?
Medical Interventions, Physicians’ Liability, and the Protective Shield of the Law
The human eye is one of the most vital sensory organs, essential for perceiving the world. Therefore, any surgical procedure involving the eye requires an exceptional degree of precision, expertise, and medical competence. Common eye surgeries such as cataract removal, laser eye surgery (LASIK, PRK), retinal interventions, and glaucoma operations must be conducted in accordance with the highest medical standards.
The success of these surgeries depends on the surgeon’s professional skills, the suitability of hospital conditions, and proper postoperative care. However, even with these precautions, medical errors can occur—sometimes resulting in irreversible and permanent damage to the patient’s vision.
At this point, Turkish Law offers a robust legal framework to protect patients. The law does not only safeguard the physical integrity of individuals but also their psychological and social well-being. Medically-induced harm resulting from negligence, recklessness, or lack of proper medical care is referred to as “malpractice” and falls under both civil and criminal liability.
When Is a Medical Procedure Considered Lawful?
For a medical intervention to be considered legally valid, three essential criteria must be satisfied:
Informed Consent of the Patient: The patient must be fully informed about the nature of the procedure, potential risks, alternatives, and possible outcomes, and must voluntarily sign a consent form.
The Physician’s Duty of Care: The physician is legally obligated to act with due diligence and in accordance with current medical standards. Diagnostic and treatment decisions must be based on objective medical criteria.
Authorization and Competence: The medical procedure must fall within the physician’s field of specialization. For instance, a general practitioner is not permitted to perform a laser eye surgery.
If any of these conditions are missing, the intervention may be considered unlawful. In such cases, if the patient suffers harm, the physician and/or the hospital may be held legally liable for damages.
What Are the Most Common Medical Errors in Eye Surgeries?
1. Misdiagnosis and Inappropriate Surgical Intervention
Patients are sometimes directed toward surgery without proper diagnostic assessments. For example, proceeding with LASIK surgery without measuring corneal thickness or overlooking underlying conditions like chronic dry eye can result in serious and irreversible complications.
2. Wrong-Site or Wrong-Eye Surgery
This critical error, known as “wrong-site surgery,” can have devastating consequences. Operating on the wrong eye or targeting the incorrect retinal area is a serious breach of medical standards and leads directly to legal liability.
3. Sterilization Failures and Infections
Poor sterilization of surgical tools or substandard operating room hygiene can lead to severe infections such as endophthalmitis. If not promptly diagnosed and treated, such infections can cause permanent blindness.
4. Insufficient Postoperative Monitoring
Even a technically successful surgery can result in failure if the follow-up care is inadequate. Ignoring symptoms like eye pain, redness, or elevated intraocular pressure, or prescribing the wrong medication dosage can trigger long-term complications.
What Are the Legal Rights of Patients in Medical Malpractice Cases?
1. Compensation Claims (Material and Moral)
Under Articles 49 and following of the Turkish Code of Obligations, physicians and hospitals can be held liable for damages resulting from wrongful medical acts. Victims of malpractice are entitled to claim:
Material Compensation: For medical expenses, loss of income, the need for a caretaker, use of visual aids (e.g., glasses, lenses), and decreased earning capacity.
Moral Compensation: For emotional trauma, loss of quality of life, psychological suffering, and social isolation.
In private hospitals, patients can also pursue claims under the Consumer Protection Law. In cases involving public hospitals, a full remedy (administrative) lawsuit can be filed against the state.
2. Criminal Complaints and Prosecution
Article 89 of the Turkish Penal Code criminalizes “negligent injury.” If a physician’s error leads to permanent visual damage, they may face criminal investigation and prosecution. In cases involving severe or irreversible harm, the offense becomes aggravated and may lead to imprisonment.
3. Disciplinary Actions and Professional Sanctions
Patients may also submit complaints to the Ministry of Health or relevant Medical Chambers, requesting disciplinary investigations. Sanctions may include warnings, administrative fines, or even professional disqualification of the physician.
How Can Patients Obtain Medical Documents and Evidence?
One of the most critical components of malpractice cases is evidence. Patients should request and secure the following documents:
Pre- and post-operative reports (epicrisis)
Ophthalmic exam findings and imaging (e.g., tomography)
Informed consent forms
Medication prescriptions
Nurse observation forms and postoperative notes
At MedLexin, we actively assist our clients in collecting these documents from hospitals and medical institutions, ensuring a strong foundation for their legal claims.
How MedLexin Approaches These Cases
MedLexin is a law firm specialized in Health Law, with an extensive track record in handling medical malpractice cases, including those involving vision loss and eye surgery complications.
Our Methodology
1. Initial Assessment & Medical Consultation: We examine the patient’s narrative and existing medical records and consult with healthcare professionals to evaluate the situation.
2. Strategic Legal Planning: Based on the case’s specifics, we determine whether to pursue civil, criminal, and/or disciplinary routes.
3. Damage Assessment: We calculate the full extent of both material and moral damages, including the lifelong impact on the patient’s life.
4. Transparent Communication: We keep our clients informed throughout the legal process and offer emotional support as part of our holistic legal approach.
5. Case Law Integration: We support our arguments with relevant Supreme Court precedents to increase the legal strength and persuasiveness of our case.
Conclusion: Don't Be a Silent Victim of Medical Malpractice – The Law Is on Your Side
Permanent damage to your vision after eye surgery is not simply a complication—it may be the result of gross negligence, lack of due care, or procedural misconduct. Remaining silent in such cases does not only increase your own suffering but also allows similar mistakes to happen to others.
If you’ve experienced irreversible harm after a medical procedure, you have a right to seek justice and compensation.
At MedLexin, we believe justice doesn’t begin in the courtroom—it begins in the operating room. We stand by patients not just as lawyers, but as their strongest advocates in reclaiming both their health and their rights.
🧑⚖️ Why You Should Take Action If you've suffered permanent vision loss or eye damage following surgery, don’t remain silent. Turkish law provides strong protection for patients. By choosing MedLexin, you gain more than just a lawyer—you gain a legal partner committed to justice and human dignity.
📞 Contact MedLexin Today. Let us fight for your rights us today to take the first step in protecting your legal rights.