Suing a Hospital in Turkey: Public vs Private Liability

In many legal systems, medical malpractice is treated uniformly regardless of where the surgery took place. In Turkey, however, the legal landscape is split into two entirely different worlds.

If you suffer a medical injury in Turkey, your first question shouldn't be "Did the doctor mess up?" but rather "Who owns the building?"

The answer determines which court hears your case, who you can name as a defendant, and which statutes of limitation apply. Based on Turkish Supreme Court (Yargıtay) and Council of State (Danıştay) precedents, this guide breaks down the critical differences between suing a Public Institution versus a Private Provider.

1. Public Hospitals (The "Service Fault" Regime)

   
   

This category includes State Hospitals (Devlet Hastanesi), Training and Research Hospitals, and Public University Hospitals.

The Legal Basis: "Service Fault" (Hizmet Kusuru)

When a state hospital makes a mistake, it is not viewed merely as a professional error but as a failure of the state to provide a public service. This is known as a Service Fault.

The administration is obligated to organize services correctly, employ qualified staff, and maintain adequate equipment. A failure in any of these areas—whether it's a surgeon's slip of the hand or a lack of sterile equipment—creates liability for the Administration.

You Cannot Sue the Doctor Directly

This is the most shocking distinction for many foreign plaintiffs. Under Article 129/5 of the Turkish Constitution, civil servants (including state doctors) cannot be sued directly for actions performed in the line of duty.

• The Defendant: You must file the lawsuit against the relevant Public Administration (e.g., The Ministry of Health or the University Rectorate).

• The Mechanism: If the State loses the case and pays you compensation, it has the right of "Recourse" (Rücu) to demand the money back from the doctor if the doctor was personally negligent. But that is an internal matter; your battle is with the State.

  
  

The Venue: Administrative Court (İdare Mahkemesi)

These cases are heard in Administrative Courts. These courts operate differently from civil courts—they rely heavily on written submissions and bureaucratic inquiries rather than witness cross-examination in open court.

2. Private Hospitals (The "Contract" Regime)

   
   

This category includes privately owned hospitals, clinics, and private medical centers.

The Legal Basis: Breach of Contract

When you walk into a private hospital, Turkish Law views this as entering into a specific type of agreement known as a "Hospital Admission Contract" (Hastaneye Kabul Sözleşmesi).

This is a "mixed" contract that includes:

• Medical Treatment: Governed by the "Proxy Contract" (Vekalet) rules, where the doctor promises diligence (not necessarily a cure).

• Hotel Services: Accommodation and food.

• Work Contract: For specific results like aesthetic surgery or dental prosthetics (governed by Eser Sözleşmesi).

  
  

Joint Liability

Unlike the state system, in the private sector, you generally have the right to sue everyone involved. You can file your lawsuit against:

• The Doctor (for their personal negligence).

• The Hospital (as the employer and service provider).

• The Insurance Company (under the doctor's liability policy).

  
  

These parties are often "jointly and severally liable," meaning you can potentially collect the full damages from whichever party has the assets.

The Venue: Consumer Court (Tüketici Mahkemesi)

Since the enactment of the Consumer Protection Law, patients are viewed as "consumers" of healthcare. Therefore, malpractice lawsuits against private entities are heard in Consumer Courts. These courts are generally more dynamic than administrative courts and are accustomed to assessing commercial defects and service failures.