How to File a Medical Negligence Lawsuit in Turkey – A Step-by-Step Guide

Q: Can I Sue for Emotional Distress?

Yes. Turkish law recognizes emotional and psychological harm as valid grounds for compensation. This is known as moral damages and can be awarded alongside physical or financial damages. Examples include trauma from a surgical error, anxiety caused by a misdiagnosis, or humiliation due to aesthetic failures. You’ll need to support your claim with psychiatric evaluations, witness testimonies, or documentation of suffering.

1. What Constitutes Medical Negligence Under Turkish Law?

What is the Legal Definition and Standard of Care?

Under Turkish law, medical negligence occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. The essential elements include:

Duty of care: Establishment of a doctor–patient relationship.
Breach of that duty: Failure to adhere to accepted medical practices.
Causation: A clear link between the breach and the patient’s injury.
Damages: Actual resulting harm—physical, financial, or emotional.

Courts and medical experts determine whether the clinical decisions meet the accepted Turkish medical standards of care.

Which Laws Apply (e.g., Turkish Code of Obligations)?

Medical negligence cases in Turkey are governed by:

Turkish Code of Obligations (Articles 49–58): Governs tort liability for personal injury.
Turkish Civil Code: Covers principles for material and moral compensation.
Medical Deontology Rules: Professional ethical standards for healthcare workers.
Healthcare Services Law No. 3359: Institutional responsibilities in healthcare provision.

Together, these laws provide the framework for alleging negligence and seeking compensation in medical settings.

Types of Medical Harm Eligible for Compensation

Physical Harm vs. Emotional/Psychological Harm

Turkish courts recognize both physical injuries and emotional damages as grounds for compensation in medical negligence cases. Examples include:

Physical: Organ damage, surgical complications, infections
Psychological: Post-traumatic stress, anxiety, depression resulting from negligent care

Moral compensation is typically awarded for mental and emotional distress, even if physical harm is minor or absent.

Specific Cases: Misdiagnosis, Surgical Errors, Medication Mistakes

Common scenarios that lead to successful lawsuits include:

Misdiagnosis or delayed diagnosis: Especially in cancer or chronic disease cases
Surgical errors: Operating on the wrong site, leaving tools inside the body
Medication mistakes: Wrong dosage, drug interactions, or prescribing errors

In each of these cases, documentation and expert testimony are critical to establishing liability and proving damages.

Statute of Limitations & Mandatory Mediation

What Are the Deadlines for Filing (Discovery vs. Absolute Limits)?

In Turkey, malpractice claims must be filed within:

3 years from the date the patient discovers the harm and the liable party
10 years from the date of the negligent act or omission (absolute limit)

Exceptions apply for minors or legally incapacitated patients, where the time limit starts once legal capacity is restored.

How Does the Mandatory Mediation Process Work?

Since 2018, mediation is compulsory in all medical compensation cases before filing a court case. The process involves:

Filing a mediation request through a designated bureau
Appointment of an independent mediator by the Ministry of Justice
Both parties meeting (physically or virtually) to attempt a settlement

If no agreement is reached, the mediator issues an official report, which must be submitted when initiating court proceedings.

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Gathering Evidence & Expert Witnesses

How to Obtain and Organize Medical Records

Access to your full medical history is essential for building a strong malpractice claim. In Turkey, patients have the right to request:

Operation notes, test results, and discharge summaries
Prescriptions, follow-up notes, and billing records
Consent forms and imaging data (X-rays, MRIs)

Ensure records are requested in writing and translated into Turkish if obtained from abroad. Organize documents chronologically for clarity.

Role of Forensic Medicine Institute and Expert Reports

The Council of Forensic Medicine (Adli Tıp Kurumu) is the official body for medical evaluations in Turkish courts. Their reports are:

Requested by judges to assess breach of medical standards
Based on a review of documentation and sometimes patient examination
Highly influential in court decisions

Private expert opinions may also be submitted but are considered secondary unless they meet high objectivity standards.

Estimating Compensation Amounts

Calculating Medical Costs, Lost Income, Pain and Suffering

Turkish courts consider multiple factors when calculating compensation:

Medical expenses: Treatment, rehab, and medications
Lost earnings: Past and future income losses
Moral damages: For emotional and psychological suffering

Supporting evidence such as bills, employment records, and psychological assessments greatly improve compensation chances.

Are There Caps on Damages in Turkey?

There are no fixed statutory caps on malpractice compensation in Turkey. However:

Public hospitals may have internal insurance limits
Court precedents influence award amounts
Judges often adjust moral damage claims based on proportionality

Each case is evaluated on its merits. High-quality documentation and strong legal representation help maximize potential compensation.

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Step-by-Step: Filing the Complaint

Preparing and Submitting the Case to the Court

Filing a medical negligence lawsuit in Turkey follows this structured process:

Document compilation: Collect your medical records, expert reports, consent forms, invoices.
Drafting complaint: Your lawyer prepares a detailed petition in Turkish, outlining the facts, legal basis, and compensation demand.
Submit to court: File with the correct court—civil (for private providers) or administrative (for public institutions)—along with mandatory mediation request and court fees (4–5% of claim).
Receive case number: Court acknowledges filing and schedules a mediation session.

All documents must be officially translated and stamped when submitted by foreign plaintiffs.

What to Expect in Court Versus Mediation

After filing, two parallel processes take place:

Mediation: Conducted first, typically within 1–3 months. If a settlement is reached, the case may end here; otherwise, it moves to court.
Court proceedings: Begin post-mediation with hearings, expert appointments, and potential oral testimonies. Final verdict typically after 6–18 months.

Mediation is usually less formal and faster, whereas court proceedings are detailed, evidence-driven, and legally binding.

Choosing & Working with a Malpractice Attorney

What Expertise Your Lawyer Should Have

When selecting a malpractice attorney in Turkey, ensure they have:

Specialization in medical negligence: Experience in similar case types like surgical or diagnostic malpractice.
Bilingual capabilities: Fluent in Turkish and your native language to handle documentation and communication.
Knowledge of mediation law: Familiarity with mandatory mediation procedures and court strategies.
Track record: Success in international client cases and courtroom experience.

How Legal Fees and Payment Arrangements Work

Legal fee structures in Turkish malpractice cases generally fall into these categories:

Contingency fee: Your lawyer only gets paid (10–20% of award) if the case succeeds.
Flat fees: Fixed-rate for initial paperwork or consultation services.
Advance expenses: Plaintiff covers costs like expert reports, translations, court fees, and travel. These may be reimbursed at the case’s conclusion.

Your lawyer should clearly outline all expected costs and payment milestones before you sign an agreement.

Case Timeline & What to Expect

Average Duration from Filing to Resolution

Medical negligence lawsuits in Turkey typically follow this timeline:

Mediation: 1–3 months (mandatory stage)
First-instance court: 6–18 months depending on complexity
Appeals (if applicable): 6–12 additional months

Total duration ranges from 9 months to over 2 years, especially if forensic evaluations and multiple hearings are needed.

Possible Delays and Appeals

Delays may arise due to:

Overloaded court schedules
Delays in obtaining expert reports
Defense tactics like procedural objections

If the initial verdict is unsatisfactory, you can file an appeal to a regional appellate court within 2 weeks of judgment notification.

Post-Judgment: Enforcement & Appeals

How to Enforce Judgments in Turkey

Once the court awards compensation and the judgment becomes final (no appeal or appeal rejected), you can proceed with enforcement through:

Enforcement offices (İcra Dairesi): To recover monetary awards
Asset seizure or wage garnishment: If the losing party fails to pay

Your lawyer initiates enforcement by submitting the court order and relevant documents.

Filing Appeals—When and How

Appeals can be filed when you believe:

The court misapplied the law or facts
The judgment omitted key evidence
The damages awarded were insufficient

Your lawyer submits the appeal petition to the regional court of appeal within 14 days of receiving the written judgment.

Common Challenges & Tips

Evidence Issues, Defense Strategies, Insurance Tactics

Typical obstacles in malpractice cases include:

Missing or altered medical records
Hospitals denying liability: Blaming third parties or patient non-compliance
Insurance companies offering low settlements

Anticipate and prepare for these with strong documentation, early expert input, and aggressive legal strategy.

How to Strengthen Your Case Proactively

Key tips to improve your chances of success:

Engage a malpractice specialist lawyer with experience in cross-border claims
Collect and translate all medical evidence early
Get at least one independent expert opinion before filing
Communicate clearly with your legal team and document every interaction with healthcare providers

Well-prepared claims supported by legal and medical experts have a much higher success rate in Turkish courts.

FAQ

Frequently Asked Questions

Can I Sue for Emotional Distress?

Yes. Turkish law recognizes emotional and psychological harm as valid grounds for compensation. This is known as moral damages and can be awarded alongside physical or financial damages.

Examples include trauma from a surgical error, anxiety caused by a misdiagnosis, or humiliation due to aesthetic failures. You’ll need to support your claim with psychiatric evaluations, witness testimonies, or documentation of suffering.

What Happens If I Miss the Statute Deadline?

If you fail to file your lawsuit within the statute of limitations, your claim will likely be dismissed automatically by the court, regardless of merit.

In most cases, the deadline is:

3 years from discovery of negligence
10 years from the date of the medical act (absolute limit)

Exceptions apply in rare situations (e.g., minors, mental incapacity), but extensions are not guaranteed. Always consult a lawyer early to avoid missing deadlines.