How To File A Medical Malpractice Lawsuit Turkey

Introduction

Turkey, especially Istanbul, is now a top spot for medical tourism. As more patients come, medical malpractice cases have also increased. If you have been hurt or faced complications because of a healthcare provider's mistake, it is important to know how to file a medical malpractice lawsuit in Turkey. This is particularly true for international patients who may not know the local legal system.

What Constitutes Medical Malpractice in Turkey?

Medical malpractice occurs when a healthcare provider, such as a doctor or surgeon, fails to meet the accepted standard of care, resulting in preventable harm to a patient. This can happen during diagnosis, treatment, surgery, or follow-up care. In Turkey, common malpractice incidents include botched surgeries, medication errors, misdiagnosis, and infections stemming from poor hygiene or negligence during post-operative care.

Step-by-Step Legal Process to File a Medical Malpractice Lawsuit

Medical Evaluation and Documentation

The process begins with a formal medical evaluation. If you suspect that your injury is due to malpractice, it's crucial to seek a second opinion from an independent, qualified healthcare provider. This evaluation helps determine whether the harm could have been avoided had the proper standard of care been followed.

Once negligence is suspected, gather and organize all relevant medical documentation. This includes hospital records, prescriptions, consent forms, lab results, and photos showing the physical impact of the malpractice. Communication between you and the clinic or hospital—whether email or written correspondence—should also be preserved.

Administrative Complaint to the Ministry of Health

Before initiating a court case, it's advisable to file a formal complaint with the Ministry of Health or the Turkish Medical Association (TTB). These regulatory bodies assess malpractice claims and can take disciplinary action against medical professionals, such as suspensions or warnings. Though this process does not result in monetary compensation, it often influences later civil proceedings.

Filing a Civil Lawsuit for Compensation

If regulatory action does not provide sufficient resolution, the next step is to file a civil malpractice lawsuit. This process requires submitting a detailed legal petition to the civil courts in Turkey, typically with the help of a specialized medical malpractice lawyer Istanbul based. The petition outlines the events leading to the injury, provides evidence, and lists the damages being claimed.

The court will appoint expert panels, usually made up of doctors and legal specialists, to decide if the treatment failed to meet the standard of care and directly caused the patient's harm.

Statute of Limitations in Turkey

In general, the statute of limitations for filing a medical malpractice lawsuit in Turkey is five years from the date of the incident. However, this period may start from the moment the damage becomes apparent, which may be later than the date of the treatment. It's advisable to begin legal proceedings as soon as malpractice is suspected to avoid complications with deadlines.

Types of Damages You May Claim

Victims of medical malpractice in Turkey may seek several types of compensation. These include financial reimbursement for additional medical care required to correct the harm caused by the initial treatment. Many patients also experience loss of income due to an inability to work during recovery. Emotional trauma, disfigurement, and long-term disability are grounds for non-economic damages such as pain and suffering compensation.

For a deeper understanding of these categories, read:
Medical Malpractice Compensation in Turkey: What Victims Can Expect

Challenges for Foreign Patients

Filing a lawsuit as a non-citizen of Turkey presents specific obstacles. Legal documents, court filings, and even medical records are typically in Turkish. Without a translator or bilingual legal advisor, critical information can be misinterpreted or lost.

In addition, getting physical evidence like surgical notes or patient history may mean you need to be in Turkey or have a local lawyer help you. Time differences, distance, and not knowing Turkish legal procedures can also make it harder to keep up with your case.

Explore this topic further in our article:
Language Barriers in Medical Malpractice Claims in Turkey

Why You Need a Medical Malpractice Lawyer in Istanbul

Because Turkish legal proceedings are complex and require strong evidence, it is highly recommended to work with a dedicated medical malpractice lawyer in Istanbul. An experienced lawyer can:

• Translate and review all medical and legal documentation
• Coordinate with medical experts for evaluations
• File the necessary court petitions within legal timeframes
• Represent you in negotiations, hearings, and trials
• Guide you in gathering compensation evidence such as bills, photos, and testimonies

For detailed selection criteria, visit:
Choosing the Right Medical Malpractice Lawyer in Istanbul

Why Choose Oran Partners?

At Oran Partners, we are the only law firm in Turkey that focuses only on medical malpractice. Our team includes both legal and medical experts who have a lot of experience helping injured patients from many countries. We help with everything from collecting evidence and expert reports to representing you in court, and we offer our services in several languages.

We have successfully handled hundreds of medical malpractice Istanbul cases and have a strong track record of favorable outcomes.

Conclusion

Dealing with a medical malpractice lawsuit in Turkey can feel overwhelming, especially if you are an international patient facing injury and an unfamiliar system. But if you understand the legal process, gather the right documents, and work with an experienced local legal team, you can get the justice and compensation you deserve.

If you've experienced a failed surgery or negligence at the hands of a Turkish medical provider, don't wait. File your malpractice lawsuit and protect your health, finances, and future.