Medical Error and Criminal / Legal Liability of Doctor

When a medical error occurs, two types of liability arise for the doctor: Legal (Paying compensation) and Criminal (Prison/Judicial fine). This article discusses the criminal dimension of the subject and special permission procedures in “Doctor Trial”.

1. Which Crimes Occur?

Since doctor error is generally not “intentional” but a result of “violation of duty of care and attention”, it falls under crimes committed with “Negligence”.

• Negligent Injury (TPC Art. 89): If the patient remains disabled or recovery is delayed due to error. (Subject to complaint).
• Negligent Killing (TPC Art. 85): If the patient passes away due to error. (Not subject to complaint, prosecutor investigates ex officio).

2. A Special Protection: “Investigation Permission”

A rule that was valid only for state doctors until recently has been expanded to ALL doctors including Private and University with a new regulation (Law No. 3359 Additional Article 18).

• For a prosecutor’s investigation to be opened against a doctor, it is mandatory to obtain permission from the “Professional Liability Board” within the Ministry of Health.
• The Board looks at the file and reports; if there are signs of error/negligence, it gives permission, otherwise it does not. (This prevents doctors from being worn out by unnecessary investigations).

3. Will They Go to Prison?

In crimes committed with negligence, if the doctor has no criminal record and has good conduct;

• Punishment can be suspended (HAGB).
• Can be converted to judicial fine.
• However, if there is “Conscious Negligence” (Taking risk knowingly), the punishment increases and is not converted to money.

4. Who Pays the Compensation? (Professional Insurance)

It is mandatory for all doctors to have “Compulsory Financial Liability Insurance” (Compulsory Financial Liability Insurance Regarding Medical Malpractice). When a compensation lawsuit is filed, the insurance company pays the determined figure within the limits. (Except for intentional acts).

Frequently Asked Questions

Q: What is the complaint period to the Prosecutor’s Office? A: It is 6 months in negligent injury. In negligent killing, the statute of limitations (15 years) applies, but application should be made immediately after the incident so that evidences do not get lost.

Q: Does saying “Surgery was risky” save the doctor? A: Risk is one thing, error is another. Realization of risk (complication) is not a crime. However, failing to manage that risk, noticing it late, or intervening wrongly is a crime.

Legal Support: You can contact us for medical error (malpractice) criminal investigations and board processes.

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