Practice Area

Healthcare Law

Patient rights, medical malpractice claims, informed consent and the protection of health data.

Healthcare law is the field of law governing the relationships between patients and physicians, other healthcare professionals and healthcare institutions, the rights and obligations involved in providing healthcare services, and the civil, administrative, criminal and disciplinary liability arising in this area. Patient rights, consent to medical intervention, the confidentiality of health data, liability for medical errors and aesthetic procedures are among its main topics.

Healthcare disputes require medical knowledge to be considered together with legal analysis, a detailed review of medical records, and the correct identification of the applicable judicial avenues and time limits.

For patients and their relatives

Legal assessment of medical malpractice allegations based on a review of the patient file and medical records
Claims for pecuniary and non-pecuniary damages against private healthcare institutions and physicians
Applications to the administration and full-remedy actions based on service fault in public hospitals
Disputes arising from aesthetic procedures
Representation of complainants and intervening parties in criminal investigations and proceedings in cases of death or injury
Requests for access to the patient file and medical records; applications against unlawful processing of health data

For physicians, healthcare professionals and institutions

Drafting and reviewing contracts relating to the service relationship with patients and procedure-specific informed consent forms
Defence and advice in proceedings concerning the civil, criminal, administrative and disciplinary liability of physicians and healthcare staff
Compliance with the Personal Data Protection Law No. 6698 in processing health data, privacy notices and data security processes
Applications and lawsuits against administrative sanctions under healthcare legislation
Contracts concluded by healthcare institutions with employees, suppliers and service providers

Key differences between private and public healthcare institutions

Issue	Private hospital / practice	Public hospital
Legal relationship	As a rule a contract of mandate (Code of Obligations Art. 502 et seq.); mostly a contract for work for aesthetic procedures	Public service; service fault of the administration
Against whom	The physician and/or hospital operator	The administration (no direct action against the physician under Constitution Art. 129(5))
Judicial avenue	Civil courts; in practice, as a rule, the consumer court	Administrative courts; full-remedy action
Key time limits	Five-year limitation period for mandate relationships (Code of Obligations Art. 147(5))	Application to the administration within one year of knowledge and in any event within five years of the act (Administrative Procedure Law Art. 13)

The table provides a general framework; the rules applicable in each specific case must be assessed separately.

How does the process generally work?

Obtaining records: The patient file, discharge summaries, operative notes, consent forms, test and imaging results, prescriptions and any correspondence are collected. Under Article 16 of the Regulation on Patient Rights, patients may examine these records and obtain copies.
Preliminary assessment: Whether the incident occurred at a private or public institution, the nature of the legal relationship, potentially liable parties and running time limits are identified.
Choosing the avenue: Depending on the dispute, mediation, application to the administration, a damages action or a criminal complaint is considered.
Expert examination: Fault and causation are usually determined by reports from the Forensic Medicine Institute or university expert panels; objections and requests for additional reports are an important part of the process.
Calculating damages: Items such as the degree of disability, treatment and care costs and loss of working capacity are calculated; non-pecuniary damages are assessed separately.

Frequently asked questions

Is every adverse outcome a medical error?

No. Medical interventions carry risks of complications that may occur despite all due care. However, even where harm results from a complication, failure to properly inform the patient of that risk beforehand may give rise to liability; according to the Court of Cassation, the burden of proving disclosure lies with the physician or institution.

If the criminal court acquits, can compensation still be claimed?

Civil and criminal liability are independent. Under Article 74 of the Turkish Code of Obligations, the civil judge is not bound by an acquittal by the criminal court.

How can I obtain my patient file?

You may apply to the healthcare institution where you were treated to examine your file and request a copy. The request may also be made through your attorney or legal representative.

Is liability different for aesthetic surgery?

Yes. The Court of Cassation mostly characterises aesthetic procedures as contracts for work and holds that the physician is obliged to deliver the agreed result.

The information on this page is for general information purposes only and does not constitute legal advice.