Medical Malpractice in Turkey (State Hospitals): Compensation...

In Turkish Law, the legal route for medical malpractice differs fundamentally depending on where the treatment took place. Confusion here can be fatal to your case.

If you were treated in a Private Hospital, the relationship is contractual, and you sue in Consumer Court. However, if you were treated in a State Hospital or University Hospital, the rules change entirely.

The Legal Basis: Service Fault (Hizmet Kusuru)

Under Turkish Administrative Law, when a public official (doctor, nurse, technician) commits an error during their duty, the State assumes liability.

⚖️ Legal Reference: Constitution of the Republic of Turkey, Article 125 “The Administration shall be liable to compensate for any damage resulting from its actions and acts.”

This means you do not need to prove that “Dr. Ahmet” was personally malicious. You only need to prove that the health service provided was below the standard expected from a modern medical institution.

Typical Examples of Service Fault

1. Diagnosis Error: Failing to order standard tests (e.g., not doing an MRI for a trauma patient) or misinterpreting clear symptoms.
2. Treatment Error: Surgical mistakes (wrong site surgery), wrong medication dosage, or leaving foreign objects (sponges) inside the body.
3. Organization Error: Lack of necessary equipment, failure to sterilize the operating room leading to infection, or insufficient staff during an emergency.

Malpractice vs. Complication: The Fine Line

The most critical distinction in Turkish malpractice lawsuits is between “Malpractice” and “Complication.”

• Complication: An accepted, inherent risk of the medical procedure that can happen even if the doctor does everything perfectly (e.g., a recognized 1% chance of infection). The State usually does NOT pay compensation for complications.
• Malpractice: An error that violates the standard of medical care. A deviation from what a “prudent doctor” would do. The State PAYS compensation.

The Mandatory Application Procedure (IYUK Art. 13)

Before filing a lawsuit against the State, you have a strict procedural hurdle to clear. You cannot go straight to court.

1. Written Application: You must submit a written petition to the Administration (e.g., Ministry of Health) requesting compensation.
2. The 1-Year Rule: You must apply within 1 year of learning about the error (and in any case within 5 years of the act).
3. The Response: The Administration has 30 days to respond.
   • If they reject it (which is common), or
   • If they do not answer (implicit rejection),
   • Then you can file your “Full Remedy Action” (Tam Yargı Davası) in the Administrative Court.

Compensation Types

If the court finds the administration at fault, you can claim:

• Material Damages (Maddi Tazminat): Treatment costs, lost wages, and loss of future earnings if there is permanent disability.
• Moral Damages (Manevi Tazminat): Compensation for the pain, suffering, and emotional distress caused to the patient (or relatives, in case of death).

Conclusion

Medical malpractice cases in Turkey are highly technical battles of expert reports. While the “Complication” defense is often used by the administration to avoid liability, a detailed analysis of medical records often reveals that the so-called complication was actually managed poorly, converting it into a service fault.

As Attorney Fevzi Yaskir, I strongly advise foreign patients to secure a copy of their entire medical file (Epicrisis Report, Surgery Notes, Imaging Results) immediately before starting any legal process.