By Av. Serkan Kara, Istanbul Bar No. 53770. Last updated: 14 June 2026.
Medical malpractice is harm caused when a healthcare provider departs from the accepted standard of care, and in Turkish law it is actionable as tort and contractual liability under the Turkish Code of Obligations No. 6098, with parallel criminal and administrative routes; injured patients and bereaved families can claim both material and moral damages, but the limitation clock and the correct forum differ by route, so the file must be built early.
What is medical malpractice under Turkish law?
Medical malpractice is a healthcare provider’s failure to meet the standard of care expected of a reasonably competent practitioner in the same specialty, causing patient harm. In Turkey it grounds civil liability under the Turkish Code of Obligations No. 6098 (tort and, where a treatment contract exists, contractual breach), and it is distinct from a recognised complication. Errors are commonly grouped as diagnostic, treatment, preventive-treatment, and procedure or equipment related.
Diagnostic errors arise from incorrect application or interpretation of tests, producing a wrong diagnosis. Treatment errors cover incorrect or insufficient practice, dosage mistakes, and avoidable delay. Preventive-treatment errors follow inadequate monitoring or delayed measures, and equipment malfunction contributes to a further share of cases. High-risk specialties for claims include obstetrics and gynaecology, internal medicine, surgery, emergency medicine, and anaesthesiology, with diagnostic error a consistently large category.
Medical malpractice or complication? Why the threshold matters
The decisive threshold question is whether the duty of care was breached. If the provider failed to meet the standard of care and that failure caused harm, it is malpractice; if the duty was fulfilled and an unwanted outcome still occurred, it is a complication, a known and foreseeable risk that materialised despite correct technique. A genuinely unforeseeable result can defeat liability. This distinction is usually the central contested issue and is resolved by expert medical evaluation, in Turkey typically through the Council of Forensic Medicine (Adli Tip Kurumu) or court-appointed specialists.
What are the three legal pathways for a malpractice claim?
A Turkish medical malpractice matter can proceed along three routes that run on different statutes, forums, and deadlines. The civil compensation route sits under the Code of Obligations No. 6098 and is heard in the civil courts; the criminal route, for negligent injury or death, is prosecuted under the Turkish Penal Code No. 5237; and the administrative route applies where a public hospital is involved, with claims directed against the institution or relevant authority before the administrative courts. Choosing the wrong forum, or missing its deadline, can bar an otherwise valid claim.
| Aspect | Civil claim (compensation) | Criminal prosecution | Administrative claim (public hospital) |
|---|---|---|---|
| Governing law | Code of Obligations No. 6098 (tort and contract) | Turkish Penal Code No. 5237 (negligent injury or death) | Administrative procedure law |
| Forum | Civil court | Criminal court | Administrative court |
| Filing window | Runs from discovery of harm and the responsible party; an absolute backstop from the medical act also applies (confirm the period in force at filing) | Varies by offence severity (confirm at filing) | Notification and filing periods set by administrative law (confirm at filing) |
| Pre-litigation step | Mandatory mediation before suit in many disputes | Criminal complaint to the prosecutor | Prior administrative application to the institution or authority |
| Remedies | Material plus moral damages | Fine, imprisonment, and restitution | Material plus moral damages from the state or institution |
| Expert evidence | Court-appointed experts or the Council of Forensic Medicine | Council of Forensic Medicine | Court-appointed expert panel |
Why is legal representation critical in medical malpractice cases?
Experienced counsel is decisive in malpractice litigation because the claimant must simultaneously command medical science, evidentiary procedure under the Code of Civil Procedure No. 6100, and damages calculation. These cases turn on proving that the provider’s deviation from the standard of care, rather than the patient’s underlying condition, caused the harm, a causation analysis that defendants and their insurers contest hard.
- Technical complexity: establishing a breach of the standard of care requires expert medical testimony and command of clinical protocols.
- Causation: separating the provider’s fault from the natural course of the illness demands detailed medical analysis.
- Institutional resistance: hospitals and physicians carry professional liability insurance and are defended by experienced litigation teams.
- Time sensitivity: the limitation periods are strict, and delay can permanently bar a valid claim.
What is the statute of limitations for a malpractice claim?
The limitation period depends on the route. In civil claims under the Code of Obligations No. 6098 it generally begins running when the patient discovers, or reasonably should discover, both the harm and the responsible party, with an absolute backstop measured from the date of the medical act itself. Claims against public hospitals through the administrative courts carry their own notification and filing periods. Because these periods are statutory and can change, confirm the exact period in force at the time of filing, and consult counsel promptly after discovering potential harm to preserve your rights.
What steps does a medical malpractice case follow?
A malpractice file moves from evidence preservation through expert evaluation to judgment, and the early steps decide the outcome. Securing the complete medical record before it can be altered, and obtaining an independent opinion on the standard-of-care breach, are the foundation of a viable claim.
- Collect and preserve all medical records, prescriptions, and diagnostic reports.
- Obtain an independent medical opinion documenting the standard-of-care violation.
- File a complaint with the relevant health authority where a public hospital is involved.
- Complete the mandatory pre-litigation step, mediation or prior administrative application as applicable.
- File the civil compensation claim in court if pre-litigation resolution fails.
- Request expert evaluation from the Council of Forensic Medicine or court-appointed specialists.
- Attend the hearing and cross-examination of the medical experts.
- Receive judgment, then enforce the compensation award or appeal.
What compensation can patients receive for medical malpractice?
Compensation under the Code of Obligations No. 6098 covers both material and moral damages, calculated on the specific harm suffered. Courts weigh the patient’s age, earning capacity, degree of disability, need for ongoing treatment, and the impact on quality of life; in fatal cases, surviving dependants may claim loss of support proportionate to the deceased’s contribution to the household.
- Material damages: treatment costs, lost income, rehabilitation, and future care needs.
- Moral (non-pecuniary) damages: pain and suffering, psychological harm, and loss of enjoyment of life.
- Disability compensation: permanent impairment assessed by actuarial calculation and medical report.
- Loss of support (wrongful death): survivor claims for dependants who lost financial support.
- Increased-need costs: ongoing equipment, nursing care, home modifications, and assistive devices.
Where a favourable judgment must then be collected against a reluctant defendant or insurer, see our overview of debt recovery and insolvency procedure.
What evidence is required to prove a malpractice claim?
A malpractice claim stands or falls on documentary proof and expert opinion. The core package is the complete medical record supported by an independent expert opinion confirming the deviation from the standard of care; written evidence, receipts, and investigation files strengthen the file, while expert witnesses in the relevant specialty and in forensic medicine supply the decisive analysis.
- Complete medical records from every treating facility.
- Diagnostic imaging, laboratory results, and pathology reports.
- Expert medical opinion confirming the standard-of-care breach.
- Documentation of damages: medical bills, lost-earnings records, and disability assessments.
- Witness statements from family members or other observers.
- Relevant medical literature and clinical guidelines.
Who can be named as a defendant in a malpractice lawsuit?
The correct defendant depends on the treatment setting. For a public hospital, the claim is directed against the institution or the relevant governmental authority through the administrative courts rather than against the individual physician. In a private facility, both the practitioner and the hospital or clinic can be named under tort and contractual liability rules of the Code of Obligations No. 6098. Where several providers contributed to the harm, each provider’s share is assessed separately and liability may be joint and several.
Cross-border medical malpractice: foreign patients and treatment abroad
For international patients harmed during treatment in Turkey, jurisdiction and applicable law are governed by the International Private and Procedural Law No. 5718, which determines which country’s courts hear the dispute and which law applies. A foreign claimant can generally pursue a Turkish provider in the Turkish courts, and a Turkish-court judgment can be enforced abroad, or a foreign judgment recognised in Turkey, through the recognition and enforcement procedure of Law No. 5718. Medical-tourism cases add layers of clinic contracts, intermediary agencies, and insurance coverage that must be mapped before filing, so cross-border files benefit from coordinated counsel on both jurisdiction and enforcement.
Frequently asked questions
How long do I have to file a medical malpractice claim in Turkey?
In civil claims under the Code of Obligations No. 6098, the limitation period generally starts when you discover the harm and the responsible party, with an absolute backstop measured from the medical act. Criminal and administrative routes have their own periods. Because these are statutory and can change, confirm the period in force at filing and consult counsel as early as possible to preserve the claim.
What is the difference between medical malpractice and a complication?
Malpractice is a breach of the accepted standard of care that causes harm; a complication is a known, foreseeable risk that materialises even though the provider performed correctly. The dividing line is whether the duty of care was fulfilled. Expert medical evaluation, usually by the Council of Forensic Medicine, decides which category applies, and that finding is often the heart of the case.
Is mediation mandatory before filing a malpractice lawsuit?
For many civil medical malpractice disputes, mandatory mediation must be completed before suit can be filed; if mediation fails to settle, you may then bring the claim in court. The criminal route instead begins with a complaint to the prosecutor, and the administrative route with a prior application to the institution. The exact pre-litigation step depends on the route and the facility involved.
Can I sue both the hospital and the doctor?
It depends on the setting. For a public hospital, claims go against the institution through the administrative courts rather than the individual physician. For a private facility, you can generally pursue both the practitioner and the institution under the tort and contractual liability rules of the Code of Obligations No. 6098. Where several providers contributed, liability may be joint and several.
Can a foreign patient bring a malpractice claim in Turkey?
Yes. Jurisdiction and applicable law for foreign patients are governed by the International Private and Procedural Law No. 5718, which generally allows a foreign claimant to pursue a Turkish provider in the Turkish courts. The same law governs recognising a foreign judgment in Turkey or enforcing a Turkish judgment abroad. Medical-tourism files also involve clinic contracts and insurance that should be reviewed before filing.
What types of compensation are available?
Under the Code of Obligations No. 6098 you can claim material damages (treatment costs, lost income, rehabilitation, future care), moral damages (pain, suffering, psychological harm), disability compensation for permanent impairment, wrongful-death loss-of-support claims for dependants, and increased-need costs for ongoing care. The amount depends on the harm, the patient’s age and earning capacity, and the extent of continuing medical needs.
Speak with cross-border medical malpractice counsel
If you or a family member has been harmed by negligent medical care in Turkey, the file must be built before the limitation period and the right forum close the door. Serka Law Firm represents patients and international families across the civil, criminal, and administrative routes, from evidence preservation and forensic-medicine coordination through judgment and enforcement. Request a confidential case assessment through our medical malpractice compensation and damages claims service.
For related matters, see our guides to Turkish labour law and workplace liability and KVKK and patient data protection under Law No. 6698.
General information, not legal advice. Turkish law; verify your specific situation with qualified counsel.