Is there any difference between a citizen and a foreigner before the Turkish courts?
All human being are equal according to the Turkish constitution and laws, so there is no difference between a foreigner and a citizen.
Is it difficult to file a medical lawsuit to the court in Turkey?
Although there are some requirements, it is not difficult nor expensive to apply for a courtcase in Turkiye.
How much do Turkish lawyers charge for legal consultation regards medical malpractice?
It is generally between around 100€ per hour depending on the evidences and difficulties for analyzing the malpractice case.
What should a patient do before the surgery in terms of protecting the rights?
The patient should be informed and declare a clear consent about the surgery, collect all the papers signed. It is also advised to get a consultation according to the type of the treatment and surgery.
What are the patient's chances of success in medical litigation in Turkey?
According to Turkish judicial statistics, in medical malpractice cases, patients are less likely to win than doctors. Of course, this depends entirely on the nature of the case and the evidences.
I suffered due to malpractice in Turkey. How can I apply to court?
You can apply to the court file a lawsuit with the evidences that proves your damage before timeout period. It is recommended to hire a lawyer in Turkey, especially works in the medical law.
What can be claimed in the lawsuit due to malpractice in Turkey?
Basically, financial compensation (treatment expense, loss of earnings, etc.) and moral compensation (amounts are depending on the situation & harm) are requested from the doctor and/or hospital/clinic before the court.
Can I use the medical report from foreign country for a malpractice lawsuit in Turkey?
Yes, foreign medical reports provided that compliance with the rules of medical science can be used as evidence in courts of Turkey. Turkish translation may be required.
Who is competent to do aesthetic surgery in Turkey?
According to Turkish law, aesthetic surgeries are medical interventions for the human body and only expert physicians ( specialist medical doctors) are able to do.
What are the main responsibilities of the doctor to the patient?
As requirements of the medical profession; the main responsibilities of the physician are the obligation to diagnose, inform the patient, determine the treatment, apply the most appropriate treatment, keep privacy and secrets.
Is the doctor responsible for the missing diagnosis?
The physician should be careful and examine before the intervention and determine the diagnosis correctly and completely. Inaccurate diagnosis is considered as misdiagnosis and malpractice. So doctor is liable regarding the law.
Is there any time out period to apply court (filing lawsuit) for malpractice in Turkey?
There are limits of time for malpractice claims, in brief; 1 year for administrative courts, 2 & 5 years (depends on the type of liability) for civil courts for compensation and 6 months for criminal courts (depending on the situation). Consultation from a lawyer is strongly advised.
How long does a malpractice case ends up at court in Turkey?
It may vary depending the court but approximately took around two (2) years for the first instance court. If there are three courts of instance that the lawsuit lasts, it may take around four (4) and five (5) years.
What is medical malpractice?
It referred to as the false medical practice in terms of medical law; these are undesirable events that arises under the responsibility of the doctor in the diagnosis, treatment, care and post-care period and directly affect the vital and health status of the patient.
What is complication for medical practice?
The complication is an unexpected and undesirable condition resulting from medical intervention. These are the negative situations that cannot be prevented by the physician with due care.
Who decides whether it's complication or malpractice?
According to Turkish legal system, for the cases between doctors and patients the court considers the determination made by the medical experts. This medical expert mainly is the Forensic Medicine Institution called “Adli Tıp Kurumu” in Turkish.
My hair transplantation failed, should I claim the doctor?
If there is doctor's failure called “malpractice”, you have rights to claim of pecuniary and non-pecuniary compensation for the damage. A lawsuit can be filed regarding aesthetic surgeries, the provisions of the “work contract” will be applied, in accordance with Article 147/6 of the Turkish Code of Obligations.
My surgery has failed, should I claim the doctor?
In case of a failed surgery, if there is a doctor's failure called “malpractice” and there will be a right to claim of pecuniary and non-pecuniary compensation for the damage. A lawsuit can be filed regarding the provisions of the Turkish Law and the precedents of the courts. But before, important to be sure of that there is a malpractice.