Medical Malpractice and Patient Rights in Turkey: A Comprehensive Legal Overview

The primary goal of medicine is to enhance human well-being and provide scientifically grounded solutions to health problems. Yet, despite the advancement of medical science and the efforts of healthcare professionals to offer high-standard services, the human element inherently carries the possibility of error. One of the most significant concepts that arises in this context is medical malpractice, defined as professional mistakes made during the provision of healthcare services.

Such mistakes can affect more than just the patient’s physical health. They can also severely impact their psychological state, professional life, social relationships, and financial stability. Unfortunately, many individuals remain silent about their experiences or are unaware of the legal steps they can take.

This is exactly where MedLexin steps in. With our deep experience and extensive knowledge in the field of health law, we provide professional and compassionate support to victims of medical malpractice throughout their journey to justice.

What Is Medical Malpractice? Definition and Scope

Medical malpractice occurs when a healthcare provider causes harm to a patient by deviating from the accepted standard of care through negligence, lack of knowledge, or failure to act. The World Health Organization (WHO) defines it as "an act of negligence, ignorance, or inattention by a healthcare professional resulting in harm to the patient."

Common Examples of Medical Malpractice

• Misdiagnosis: Failing to correctly identify a medical condition, leading to incorrect or delayed treatment.

• Surgical errors: Operating on the wrong area, leaving foreign objects inside the body, or violating sterile protocols.

• Medication errors: Prescribing the wrong drug, administering incorrect dosages, or ignoring allergy risks.

• Obstetric negligence: Failure to manage birth complications, resulting in harm to the mother or child.

• Lack of informed consent: Performing procedures without sufficiently informing the patient of risks or alternatives.

Each of these errors can significantly reduce a person's quality of life and may lead to lifelong consequences.

Medical Malpractice Law in Turkey: Legal Framework and Practice

Medical malpractice law in Turkey is complex and multifaceted, involving various legal regulations and institutions. The primary legal sources include:

1. Turkish Code of Obligations

Medical services are regarded as part of a contractual relationship (mandate). Healthcare professionals are liable for damages resulting from a breach of duty under the legal concepts of tort liability and contractual responsibility.

2. Patients’ Rights Regulation

This regulation outlines patients’ fundamental rights such as being informed, giving consent, and refusing treatment. Any medical intervention performed without adequate information or consent is unlawful and can be challenged in court.

3. Turkish Penal Code

In cases involving gross negligence or willful misconduct, the healthcare professional may face criminal charges such as reckless injury or reckless manslaughter.

4. The Constitution and International Agreements

The Turkish Constitution guarantees the right to life and health. Additionally, Articles 2 and 8 of the European Convention on Human Rights ensure the protection of individuals in healthcare settings.

Legal Process of Medical Malpractice Cases in Turkey: Step-by-Step

Medical malpractice cases are distinct from standard civil cases because they require both legal and medical expertise. At MedLexin, we handle each case with multidimensional analysis and precision.

1. Initial Consultation and Case Evaluation

We begin with a detailed consultation. Medical records such as hospitalization files, discharge summaries, prescriptions, and test results are thoroughly examined. The legal merit and scope of the error are carefully assessed.

2. Evidence Collection and Expert Opinions

Malpractice claims must be supported by scientific evidence. We collaborate with medical experts to obtain professional evaluations, expert reports, and references to medical protocols. This stage is crucial to establish a strong basis for the claim.

3. Determining the Type of Legal Action

Depending on the nature of the case, we may file:

• A compensation lawsuit (in Civil or Consumer Court),

• A criminal complaint (via Public Prosecutor's Office),

• Or a full remedy action (before Administrative Court if a public hospital is involved).

4. Litigation and Procedural Management

Once the lawsuit is filed, MedLexin’s legal team actively monitors and manages the entire judicial process on behalf of the client. We attend hearings, file necessary motions, and respond to reports or objections meticulously.

5. Final Judgment and Enforcement

Upon a favorable court ruling, the court may award compensation for both pecuniary and non-pecuniary damages. These may include treatment costs, loss of income, permanent disability, psychological trauma, and pain and suffering. Following the final verdict, we also oversee the enforcement phase to ensure full recovery of awarded damages.

Why Choose MedLexin?

Medical malpractice litigation requires specialized legal knowledge and a thorough understanding of medical protocols. At MedLexin:

• We focus exclusively on health law.

• Every case is handled not as a statistic, but as a human story.

• Our team includes both experienced attorneys and medical consultants.

• We manage not only court procedures but also negotiations with hospitals, insurance companies, and public authorities.

• We prioritize transparent, empathetic, and trust-based communication with our clients.

By choosing MedLexin, you are ensuring that your legal process is in capable and trustworthy hands.

Important Recommendations for Malpractice Victims

1. Preserve all medical documents. (Hospital records, prescriptions, lab results, etc.)

2. Document the events in detail. A clear timeline is critical.

3. Act quickly by consulting a legal expert. Don’t risk losing your claim due to time limitations.

4. Avoid impulsive emotional reactions. Let professionals handle the legal strategy on your behalf.

Conclusion: Justice May Be Delayed, But It Must Be Delivered

The consequences of medical errors can be devastating. Seeking legal recourse is not only a personal right but also a societal responsibility that can help improve accountability within the healthcare system. Remaining silent in the face of malpractice only paves the way for future harm to others.

Remember: Health is a fundamental right. And when that right is violated, seeking justice is not just your option—it is your duty.

At MedLexin, we understand this duty and work tirelessly to defend it.

MedLexin – Because Your Rights Matter as Much as Your Health

📞 Contact Us: +90 553 802 92 64

📍 A leading health law firm based in Istanbul =Gürsel, Karataş Sk. Kat:3, No:6, 34413 Kağıthane/İstanbul