Understanding Health Law:

Your Rights and Legal Support in Turkey

(Health Law: Your Rights and Legal Support in Turkey)

Health law not only regulates the relationships between doctors, patients, and hospitals but also safeguards one of society’s most fundamental rights — the right to live in good health. In Turkey, health law ensures that patients are protected while receiving healthcare services, that healthcare professionals work in accordance with professional standards, and that services are provided in a safe, ethical, and lawful manner.

Violations in this field can directly affect a patient’s life. Misdiagnosis, faulty surgical interventions, insufficient information, or delays in treatment can cause both physical and psychological harm. In such cases, obtaining professional legal support is critical for the success of the case. MedLexin Law and Consultancy, with its expertise in health law and strong litigation experience, stands by your side.

📍 1. Health Law and Legal Foundations in Turkey

The legal basis of health law in Turkey is formed by the Constitution, Turkish Code of Obligations, Turkish Penal Code, Basic Law on Health Services, and the Patient Rights Regulation.

• Constitutional Rights: Article 56 of the Constitution states that everyone has the right to live in a healthy environment and that the state is obliged to protect this right.

• Law of Obligations: According to the Turkish Code of Obligations, the doctor–patient relationship is considered a mandate contract, which means the doctor has a duty of care to act in accordance with medical standards.

• Criminal Law: The Turkish Penal Code evaluates harm caused by negligence or carelessness during medical procedures under the crimes of negligent injury or negligent homicide.

• Regulations: The Patient Rights Regulation covers in detail issues such as the right to information, informed consent, and privacy.

While this legal framework aims to protect both patients and healthcare professionals, effective application requires professional legal assistance. This is where MedLexin manages the entire process from start to finish

💡2. Patient Rights and Protection Mechanisms

Patients are entitled not only to treatment but also to respect, information, and assurance at every stage of the medical process. The main patient rights in Turkey include:

• Right to Information: The patient must be informed in plain language about their health condition, diagnosis, treatment to be applied, risks, and alternatives.

• Informed Consent: No medical intervention can be performed without the patient’s consent, which is usually obtained in written and signed form.

• Privacy and Confidentiality: Patient information cannot be shared with third parties without consent.

• Right to Refuse Treatment: Patients have the right to refuse treatment, even if it poses a risk to their health.

• Dignified Treatment: All patients must be treated equally and respectfully, regardless of social, economic, or cultural status.

When these rights are violated, legal proceedings may be initiated. MedLexin promptly identifies whether there has been a violation and takes immediate action.

🩺 3. Most Common Disputes in Health Law

Errors or violations that occur during the provision of healthcare services can significantly affect a patient’s quality of life. In MedLexin’s litigation practice, the most frequently encountered types of disputes include:

a. Medical Malpractice (Physician Error)

Medical malpractice occurs when a physician acts contrary to professional standards, fails to exercise due care, or performs an incorrect medical procedure, resulting in harm to the patient.

Examples:

• Removing the wrong organ during surgery.

• Performing surgery without conducting necessary tests.

• Lack of sterilization that increases the risk of infection.

Legal Consequences:
Under the Turkish Code of Obligations, both material and moral compensation claims may be filed. In addition, under the Turkish Penal Code, criminal proceedings may be initiated for negligent injury or negligent homicide.

b. Misdiagnosis or Incomplete Diagnosis

Misdiagnosis refers to the incorrect identification of a disease, while incomplete diagnosis means failing to identify all aspects of a disease.

Examples:

• Delayed treatment of a cancer patient due to failure in early diagnosis.

• Mistaking heart attack symptoms for a stomach disorder.

Legal Consequences:
Such violations may cause disease progression or irreversible damage. Lawsuits may be filed for material losses (medical expenses, loss of earning capacity) and moral damages.

c . Surgical Errors

Surgical errors are defined as technical or procedural mistakes made during an operation.

Examples:

• Making an incorrect incision.

• Leaving surgical materials (gauze, instruments) inside the patient’s body.

• Operating on the wrong side or body part.

Legal Consequences:
These errors are often considered clear and serious negligence. In addition to claims for material and moral damages, criminal investigations may also be initiated.

d. Medication Errors

Mistakes in the administration of medication can cause serious health problems for patients.

Examples:

• Administering the wrong medication to a patient.

• Overdosing.

• Ignoring a known drug allergy of the patient.

Legal Consequences:
Medication errors may lead to the liability of not only the physician but also the pharmacist or nurse. Claims for material and moral damages as well as criminal liability may arise.

e. Errors During Childbirth

The childbirth process is critical for both the mother and the baby.

Examples:

• Prolonging labor unnecessarily, leading to oxygen deprivation for the baby.

• Applying the wrong delivery position, resulting in shoulder dislocation or paralysis.

• Insisting on natural birth instead of a necessary C-section, causing harm to the mother or baby.

Legal Consequences:
Such errors may cause lifelong health issues and can be subject to high-value compensation claims.

4. Legal Process in Case of a Rights Violation

In cases of violations in the healthcare field, if the necessary legal steps are not carried out accurately and completely, the lawsuit process can weaken or even be lost entirely. Therefore, managing the legal process in a systematic and professional manner is of vital importance. MedLexin stands by your side from the very beginning to prevent any loss of rights.

Stages:

📂 Evidence Collection
Every case is won with strong and concrete evidence. In medical law cases, the evidence usually consists of technical and medical documents:

• Epicrisis reports (hospital discharge summaries)

• Laboratory test results

• Surgery notes and recorded visuals

• Prescription records

• Witness statements (from both healthcare staff and patient relatives)

MedLexin obtains these documents through official channels and compiles a complete file, ensuring the case is built on solid foundations.

🩺 Expert Report
In order to legally prove medical errors, opinions from independent and specialized medical experts are required.

• Medical experts assess whether the procedures performed were in line with accepted medical standards.

• This report is one of the most crucial pieces of evidence in court.

MedLexin ensures the engagement of the most competent experts suitable for the case, guaranteeing technical accuracy throughout the process.

🏛️ Administrative Complaint

• In public hospitals, an official complaint is filed with the Provincial Directorate of Health.

• In private hospitals, a complaint is lodged with the Patient Rights Unit.

This stage is important to exhaust official resolution channels before initiating a lawsuit.

⚖️ Compensation Lawsuit
If the rights violation directly causes material or moral damage, a lawsuit can be filed before the Civil Court of First Instance or the Consumer Court.

• Material damages: Medical expenses, loss of income, etc.

• Moral damages: Pain, suffering, and psychological harm.

MedLexin maximizes the claim by thoroughly presenting the extent of the damage.

🚨 Criminal Case
If the negligence of a healthcare worker results in death or serious injury, a criminal complaint is filed with the prosecutor’s office.

• Under the Turkish Penal Code, this could constitute crimes such as negligent injury or negligent homicide.

MedLexin vigorously defends its clients’ rights in criminal proceedings.

📋 Disciplinary Process
If there is a breach of professional standards, a complaint can be made to professional organizations such as the Chamber of Physicians.
This process may result in the suspension or disciplinary sanction of the physician.

💡 MedLexin Advantage:
When handled alone, these stages can be complex and exhausting. MedLexin manages every step on behalf of the client, handling both the legal and medical aspects together.

5. Types of Compensation

In medical law cases, the types of compensation that can be claimed vary depending on the extent, nature, and future impact of the harm suffered. Determining the right compensation strategy directly affects the amount awarded at the end of the case.

Main types of compensation:

💰 Material Compensation
Material compensation is claimed to cover the victim’s concrete and calculable economic losses.

• Medical expenses (medications, surgery fees, physical therapy, etc.)

• Loss of income (damages arising from the inability to work)

• Loss of work capacity (permanent disability or reduced ability to work)

MedLexin ensures that financial losses are documented through expert reports and conducts detailed calculations to obtain the maximum amount.

🕊️ Moral Compensation
Moral compensation covers non-economic damages such as physical pain, emotional distress, reduced quality of life, and loss of social reputation.

• Permanent aesthetic damage after incorrect treatment

• Severe harm to mother or baby during childbirth

• Significant deterioration in quality of life

MedLexin ensures these pains and sufferings are effectively expressed before the court to secure fair moral compensation.

⚰️ Compensation for Loss of Support
In cases of fatal medical errors, the relatives of the deceased can claim this compensation due to the loss of the deceased’s financial support.

• Loss of the family’s primary source of income

• Inability to cover children’s educational expenses

This compensation also covers future financial losses and requires expert calculation.

💡 MedLexin Advantage:
MedLexin combines both medical and legal data to determine the highest possible compensation amount and strengthens the case with expert reports.

⚖️6. How MedLexin Law Supports You

MedLexin is staffed by some of Turkey’s leading expert lawyers in health law. The main services provided include:

• Legal Assessment: Detailed review of all documents and the case.

• Expert Medical Collaboration: Strengthening the case with expert reports.

• Process Management: Ensuring smooth handling of both administrative and judicial stages.

• High Compensation Strategy: Protecting clients’ rights to the fullest extent possible.

MedLexin not only files lawsuits but also keeps clients informed at every stage, working with full transparency.

📂 Conclusion

Violations in health law occur in one of the most sensitive areas of life and require swift and expert intervention. Acting alone often leads to the loss of rights. MedLexin Law and Consultancy, with its team of experts who understand both the legal and medical dimensions, defends your patient rights in the strongest possible way.

📍 For more details and support: medlexin.com