Malpractice Law

A medical malpractice claim in Türkiye turns on a distinction that decides most files before damages are ever discussed: whether what happened was a complication — a recognised risk that can occur without fault — or negligence. Expert examination drives that answer, and the composition and reasoning of the expert report matter more to the outcome than anything said in court.

Where the claim is brought depends on who the defendant is. A claim arising from treatment at a public hospital is an administrative matter with a mandatory preliminary application to the administration and its own short deadlines; a claim against a private hospital or clinic is a civil action, and mediation applies before proceedings begin. Filing in the wrong forum wastes months.

Compensation splits into material loss — treatment costs, lost earnings, lost earning capacity, care costs, and loss of support on a death — and non-pecuniary damages, which the judge sets. The material side is calculated actuarially rather than argued, which makes the underlying medical and earnings evidence decisive.

The guides below cover proving negligence, choosing the forum and how compensation is calculated. For the criminal dimension see criminal defense and white-collar.