MALPRACTICE

Especially, people who come to Turkey, one of the leading countries of health tourism, wonder what to do as a result of wrong treatment.

Patients coming to Turkey for plastic surgery, hair transplant, dentist, orthodontist and various health reasons; If they suffer damage due to wrong intervention or measures not taken, they can receive compensation with a malpractice lawsuit.

 

What is malpractice?

It is called malpractice when doctors and healthcare professionals make unlawful interventions to patients and cause harm to patients as a result of wrong medical interventions. Patients who are exposed to the wrong intervention, their relatives can indemnify their losses by filing a malpractice lawsuit against the damage suffered.

 

What is considered medical malpractice?

The doctor will be responsible for the damages that will occur if he does not show the necessary care. For example, forgetting an object in the patient's abdomen during the operation, performing abortion in an environment contrary to health conditions, not keeping patient records or keeping them incomplete, the physician not taking the patient's informed consent before the treatment, using the wrong medicine, making an incorrect diagnosis by the physician, In cases where unexpected things happen as a result of aesthetic interventions, these are; constitutes a violation of the physician's duty of care, and the physician's legal and penal liability may arise in the resulting damages.

 

Can you sue a doctor in Turkey? Can I sue my doctor for negligence?

 

Yes, the relatives or those who have been harmed as a result of the doctor's intervention causing malpractice may request compensation for their material and moral damages due to malpractice through litigation. Here, the doctor's legal responsibility is mentioned and, depending on the situation, the doctor may be liable to compensate for the damages caused by his personal property, with the liability of compensation.

 

 

Malpractice Process

The malpractice litigation process begins when the injured or their heirs make a criminal complaint to the prosecutor's office. The lawsuit filed with the indictment prepared by the Prosecutor's Office is heard in the Criminal Courts of First Instance. As the compensation lawsuit is a type of lawsuit related to private law in general, it is necessary to apply to the civil courts separately for compensation cases based on malpractice. The application for compensation can be made together with the criminal complaint, or it can be made together with the completion of the criminal proceedings. In compensation proceedings, although the judge is not bound by the acquittal or conviction of the criminal court, he is bound by the material determinations in this process. In addition, the defect rates and the amount of damage in criminal proceedings do not bind the judge.