Malpractice (malpraktis) refers to professional negligence where a healthcare provider — typically a doctor, surgeon, dentist, or hospital — fails to meet the required medical standard of care, causing harm to a patient. In Türkiye, most malpractice claims involve surgical errors, misdiagnosis, failure to obtain informed consent, post-operative negligence, or complications following aesthetic operations. These cases fall under both civil and, in severe instances, criminal liability. Civil law governs compensation for the damage suffered, while criminal proceedings may address reckless or grossly negligent conduct.
- Legal Framework and Key Regulations
Malpractice liability is regulated primarily by the Turkish Code of Obligations (Law No. 6098) and supported by case law of the Court of Cassation (Yargıtay). To establish a claim, four key elements must be proven: (1) duty of care between patient and healthcare provider, (2) breach of the professional standard of care, (3) causation linking the negligence to the harm, and (4) actual damage, whether physical, psychological, or economic.
When malpractice results in serious injury or death, prosecutors may initiate criminal investigations for reckless injury or homicide under the Turkish Penal Code (TCK §85–89). Additionally, mandatory mediation applies to many malpractice disputes before a lawsuit is filed. The statute of limitations is generally two to five years, depending on when the patient learned of the injury and the liable party.
- Legal Representation for Injured Patients
Victims of medical negligence — including those injured during surgeries, childbirth, aesthetic operations, or hospital treatment — often face complex technical and legal barriers when seeking justice. At NPartners Law & Consultancy, we represent patients and their families in malpractice cases across Türkiye. Our services include evaluating medical records, obtaining expert reports from independent specialists, filing civil and criminal actions against hospitals, surgeons, and healthcare professionals, and negotiating compensation for pain, suffering, and financial loss.
All of our associates speak fluent English, enabling clear communication with foreign clients, expatriates, and medical tourists who have suffered injuries in Turkish hospitals or clinics. We ensure that every client fully understands their legal rights, options, and potential outcomes — providing professional, compassionate, and strategic representation before the courts.
- Academic and Professional Authority in Medical Law
NPartners’ founding partner, Attorney Nazlı Özkul, holds an LL.M. degree in Medical Law from Galatasaray University — one of Türkiye’s most reputable institutions in the field of health law. She is qualified as a lawyer in both Türkiye and the United Kingdom, registered with the Istanbul Bar Association and the Solicitors Regulation Authority (SRA) in England & Wales. Her dual qualification allows NPartners to represent both local and international clients, combining Turkish procedural expertise with international medical-law standards. Clients benefit from her academic background, cross-border insight, and experience handling complex hospital and surgical injury cases.
- Why Choose NPartners
- Dual-qualified leadership: Licensed in both Türkiye and the UK.
- Medical-law specialization: LL.M. in Medical Law (Galatasaray University).
- Bilingual service: All lawyers fluent in English & Turkish.
- Patient-focused representation: Dedicated to those injured by hospital or surgical negligence.
- End-to-end litigation management: From expert reports to compensation enforcement.
Frequently Asked Questions (FAQ) – Medical Malpractice in Türkiye
1. What is considered medical malpractice in Türkiye?Medical malpractice in Türkiye occurs when a healthcare professional—such as a doctor, surgeon, dentist, or hospital—fails to act in accordance with accepted medical standards, causing harm to a patient. Common examples include surgical errors, misdiagnosis, failure to obtain informed consent, post-operative negligence, and complications arising from aesthetic or cosmetic procedures.
2. Which laws regulate medical malpractice claims in Türkiye?
Medical malpractice claims are primarily governed by the Turkish Code of Obligations (Law No. 6098) and interpreted through the case law of the Court of Cassation (Yargıtay). In cases involving serious injury or death, criminal liability may arise under the Turkish Penal Code (TCK Articles 85–89).
3. Is medical malpractice a civil or criminal matter in Türkiye?
Medical malpractice may involve both civil and criminal liability. Civil proceedings focus on compensation for damages such as bodily harm, emotional distress, and financial loss. Criminal investigations may be initiated when the healthcare provider’s conduct amounts to reckless or gross negligence, particularly in cases of permanent injury or death.
4. What must be proven to win a medical malpractice case?
To succeed in a medical malpractice claim in Türkiye, the claimant must prove four elements: (1) a duty of care between the patient and the healthcare provider, (2) a breach of the accepted medical standard of care, (3) a causal link between the breach and the harm suffered, and (4) actual damage, whether physical, psychological, or economic.
5. Is expert medical opinion required in malpractice cases?
Yes. Medical malpractice cases almost always require expert medical reports prepared by independent specialists. Courts rely heavily on these expert opinions to determine whether the medical standard of care was breached and whether the harm resulted directly from the alleged negligence.
6. Is mediation mandatory before filing a malpractice lawsuit in Türkiye?
In many medical malpractice disputes, mandatory mediation must be attempted before filing a civil lawsuit. If mediation fails, the claimant may proceed with litigation. Certain urgent or criminal matters may fall outside mandatory mediation requirements.
7. What is the statute of limitations for medical malpractice claims in Türkiye?
The statute of limitations generally ranges between two and five years, depending on when the patient became aware of the injury and the responsible party. In criminal cases, limitation periods may differ based on the nature and severity of the offense.
8. Can foreign patients or medical tourists file malpractice claims in Türkiye?
Yes. Foreign nationals, expatriates, and medical tourists have the same legal rights as Turkish citizens to pursue medical malpractice claims in Türkiye. Claims may be brought against hospitals, clinics, surgeons, and healthcare professionals operating in Turkey.
9. Can I file a claim after aesthetic or cosmetic surgery in Türkiye?
Yes. Aesthetic and cosmetic surgery malpractice claims are common in Türkiye. Surgeons and clinics are legally required to inform patients of risks, obtain valid informed consent, and comply with professional medical standards. Failure to do so may result in liability.
10. Who can be held liable in a medical malpractice case?
Liability may attach to individual doctors or surgeons, private hospitals and clinics, and multiple parties jointly depending on the circumstances. Public hospitals may be subject to different procedures under administrative law principles. Each case is assessed individually based on fault and causation.
11. What compensation can be claimed in medical malpractice cases?
Patients may claim compensation for physical injury and permanent disability, pain and suffering (moral damages), loss of income and earning capacity, and medical expenses including future treatment costs. The amount depends on the severity of harm and expert assessments.
12. Why should I hire a medical malpractice lawyer in Türkiye?
Medical malpractice cases in Türkiye involve complex medical evidence, expert opinions, and strict procedural rules. A specialized medical malpractice lawyer ensures that medical records are properly evaluated, expert reports are obtained, deadlines are met, and your claim is strategically presented before Turkish courts or prosecutors.
13. What does a medical malpractice lawyer in Türkiye do?
A medical malpractice lawyer in Türkiye represents injured patients by reviewing medical records, coordinating independent medical expert opinions, filing civil compensation lawsuits and criminal complaints, representing clients in mediation and court hearings, and negotiating settlements with hospitals, clinics, and insurers.
14. How do I choose the best medical malpractice lawyer in Türkiye?
When selecting a medical malpractice lawyer in Türkiye, you should consider the lawyer’s academic background in medical or health law, litigation experience, ability to work with medical experts, fluency in English for foreign clients, and experience handling hospital and surgical negligence cases.
15. Can a foreign patient hire a medical malpractice lawyer in Türkiye?
Yes. Foreign patients and medical tourists can freely appoint a medical malpractice lawyer in Türkiye. Legal representation can be arranged remotely through a notarized power of attorney, and proceedings can be handled without the client being physically present in the country.
16. Do I need to be in Türkiye to file a malpractice claim?
No. You do not need to be physically present in Türkiye to pursue a malpractice claim. A medical malpractice lawyer can represent you before courts, prosecutors, and mediation authorities through a valid power of attorney.
17. How much does a medical malpractice lawyer cost in Türkiye?
Legal fees depend on the complexity of the case, the number of expert reports required, and whether both civil and criminal proceedings are pursued. Fees are typically structured as fixed fees, staged payments, or success-based components, in accordance with Turkish Bar Association rules.
18. How long do medical malpractice cases take in Türkiye?
Medical malpractice cases typically take between 1.5 to 4 years, depending on court workload, expert examinations, appeals, and whether parallel criminal proceedings are involved.
19. Can a medical malpractice lawyer help with cosmetic surgery claims?
Yes. Cosmetic and aesthetic surgery disputes are a common focus of medical malpractice lawyers in Türkiye. These cases often involve lack of informed consent, unrealistic guarantees, or deviation from professional medical standards.
20. Can I sue both the hospital and the doctor?
Yes. In many cases, both the treating doctor and the hospital or clinic may be held jointly liable. A medical malpractice lawyer will assess whether liability arises from individual fault, institutional negligence, or both.
21. What documents should I provide to a medical malpractice lawyer?
Key documents include medical records, consent forms, discharge summaries, imaging results, invoices, and any correspondence with the hospital or clinic. Early document review significantly strengthens the claim.
22. Why choose NPartners as your medical malpractice lawyer in Türkiye?
NPartners Law & Consultancy is led by an attorney with an LL.M. in Medical Law and dual qualification in Türkiye and the UK. The firm offers bilingual legal services, represents both domestic and international clients, and manages malpractice cases end-to-end—from expert analysis to enforcement of compensation awards.
Confidential case review available upon request.International clients and medical tourists are welcome.
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