Litigation & Disputes
Medical Malpractice Compensation Turkey | Legal Guide 2026
How is compensation calculated in Turkish malpractice cases? Learn about material and moral damages, loss of earnings, and financial recovery.
When medical negligence causes injury or death, the legal system cannot reverse the physical damage. Instead, it offers a financial remedy designed to restore the victim's economic status and acknowledge their suffering.
In Turkish law, whether you are suing under Administrative Law (for state hospitals) or Private Law (for private clinics), the compensation is strictly categorized into Material Compensation (Maddi Tazminat) and Moral Compensation (Manevi Tazminat). Understanding how these are calculated is essential for managing expectations in a malpractice lawsuit.
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Material Compensation: Restoring Financial Balance
Material compensation aims to cover the actual financial losses incurred due to the medical error. The goal is to put the victim in the financial position they would have been in had the error never occurred.
Based on the Turkish Code of Obligations (BK) and relevant court precedents, actionable claims include:
Treatment Expenses: Any costs paid to correct the error, including surgeries, medication, and rehabilitation.
Loss of Earnings (Temporary): If the patient cannot work during recovery, they can claim the income lost during this period.
Loss of Workforce (Permanent Disability): If the malpractice results in a permanent disability (e.g., loss of a limb or organ function), the court calculates the "loss of work power" (iş göremezlik). This is an actuarial calculation projecting lost future earnings over the victim's remaining active life.
Caregiver Fees: If the victim requires permanent assistance (e.g., a child born with cerebral palsy due to negligence), the cost of a caregiver (bakıcı ücreti) is recoverable.
Loss of Support (Destekten Yoksun Kalma): If the malpractice results in death, the deceased's dependents (spouse, children) can sue for the financial support they will no longer receive .
Expert Calculation: Courts do not guess these numbers. They rely on expert witness reports (Bilirkişi)—often from the Forensic Medicine Institute—to determine the exact percentage of disability and fault.
Moral Compensation: The Price of Suffering
Moral compensation is more abstract. It is designed to compensate for the pain, sorrow, and reduction in the joy of living caused by the doctor's error.
However, Turkish courts strictly adhere to the principle that moral compensation is not a penalty, nor is it a mechanism for enrichment .
How is it Calculated?
Judges have significant discretion here, but they must follow objective criteria set by the Supreme Court (Yargıtay):
Fault Ratio: How much was the doctor to blame versus the patient's own condition or potential complications? .
Severity of Harm: A permanent scar on the face warrants higher damages than a temporary injury.
Socioeconomic Status: The court considers the financial standing of both parties to ensure the amount is significant enough to be felt by the defendant but not exorbitant .
Case Study Example: In a laser epilation case where a patient suffered burns, the court ruled that even if the physical damage wasn't life-threatening, the "sadness and suffering" caused by the aesthetic damage justified moral compensation .
