Healthcare services require a high level of expertise, attention and professional care. Not every medical treatment produces the desired result; however, not every negative outcome automatically means medical malpractice. For a medical malpractice claim to arise, there must be a failure in diagnosis, treatment, surgery, follow-up, patient information, consent or hospital organization, and this failure must be connected to the damage suffered by the patient.

Wrong diagnosis, delayed diagnosis, surgical errors, incorrect treatment, lack of post-operative follow-up, failure to obtain informed consent, hospital management failures or incomplete medical records may give rise to medical malpractice claims. In such cases, the patient, or in fatal cases the relatives of the deceased, may claim material and moral compensation if the legal conditions are met.

1. What Is Medical Malpractice?

Medical malpractice may be described as damage suffered by a patient as a result of a medical practice that does not comply with the required professional standards, attention and care. This concept is not limited to obvious surgical mistakes. It may cover the entire process of diagnosis, treatment, surgery, follow-up and patient care.

Medical malpractice claims may arise in cases such as:

• wrong diagnosis,
• delayed diagnosis,
• unnecessary surgery,
• incorrect treatment method,
• technical mistake during surgery,
• foreign object left in the body,
• incorrect drug dosage,
• anesthesia-related error,
• lack of post-operative follow-up,
• failure to prevent infection risks,
• insufficient patient information,
• failure to obtain proper informed consent,
• hospital organization failures.

However, the existence of one of these examples does not automatically mean that compensation will be awarded. In each case, the medical standard, the damage and the causal link between the medical act and the damage must be examined together.

2. Is Every Negative Medical Result Considered Malpractice?

No. Medical interventions always involve certain risks. Sometimes, even if the doctor acts with due care, an adverse result may occur due to the nature of the illness, the patient’s general health condition, the inherent risks of the treatment or unforeseeable complications.

For this reason, malpractice and complication must be distinguished. A complication may be one of the known risks of a medical procedure and may not always be preventable. However, if the doctor or healthcare institution fails to take necessary precautions, fails to detect the risk in time or delays intervention, compensation liability may arise.

3. Against Whom Can a Medical Malpractice Claim Be Filed?

The responsible parties in a medical malpractice case may vary depending on the type of healthcare institution and the persons involved in the treatment.

If the incident occurred in a private hospital, the doctor, the private hospital, the healthcare institution and, in some cases, the relevant insurance company may be evaluated in terms of liability. If the incident occurred in a public hospital, the case may be assessed within the framework of the liability of the administration for public healthcare services.

Independent doctors, dentists, aesthetic surgeons, private clinics and medical centers may also be liable depending on the nature of the legal relationship and the specific facts of the case.

4. How Is a Medical Malpractice Compensation Claim Filed?

Before filing a medical malpractice claim, the incident must be reviewed from both medical and legal perspectives. Hospital records, discharge summaries, surgery notes, imaging results, laboratory records, prescriptions, consent forms and follow-up documents are highly important.

Medical malpractice allegations usually require technical examination. During the proceedings, the court may request an expert report or an opinion from a specialized medical institution. The court evaluates whether the doctor or healthcare institution acted in accordance with medical standards based on these assessments.

Before filing the claim, it must also be determined whether the incident occurred in a private hospital, public hospital, university hospital or independent clinic. This distinction is important because the legal procedure, competent court and application requirements may differ.

5. Difference Between Private Hospitals and Public Hospitals

One of the most important distinctions in medical malpractice cases is whether the incident occurred in a private healthcare institution or a public hospital.

In disputes arising from private hospitals, private clinics or medical practices, the legal relationship between the patient and the healthcare provider is examined. Depending on the facts of the case, pre-litigation steps and the competent court may vary.

In public hospitals and public healthcare institutions, the healthcare service has a public service character. Therefore, administrative law procedures may become relevant. In medical malpractice claims arising from public hospitals, administrative application requirements and time limits should be carefully evaluated before filing a lawsuit.

This distinction is important to ensure that the case is filed before the correct authority and within the applicable legal time limits.

6. Compulsory Professional Liability Insurance for Medical Malpractice

In Turkey, physicians are subject to compulsory professional liability insurance for medical malpractice. This insurance may apply under certain conditions to claims arising from alleged medical errors committed during professional medical activities.

However, the insurance does not provide unlimited coverage in every case. The scope of the policy, the nature of the incident, timing of the claim, coverage limits and policy conditions must be examined separately.

Therefore, in a medical malpractice case, it may be necessary to consider not only the doctor or hospital, but also the insurance aspect. Claims against the insurance company may be important for litigation strategy and recovery of compensation.

7. What Types of Damages May Be Claimed?

In medical malpractice cases, material and moral compensation may be claimed. If the incident results in death, the relatives of the deceased may also claim compensation for loss of support.

Material Compensation

Material compensation aims to cover the economic losses suffered by the patient. These may include:

• treatment expenses,
• surgery and hospital costs,
• medication expenses,
• physical therapy and rehabilitation costs,
• caregiver expenses,
• temporary incapacity for work,
• permanent loss of earning capacity,
• loss of income,
• additional treatment or corrective surgery costs,
• transportation and care expenses.

If the patient can no longer perform their profession as before, suffers a reduction in income or faces a negative impact on their economic future, these factors may also be taken into account in the compensation calculation.

Moral Compensation

If medical malpractice harms the patient’s bodily integrity, moral compensation may be claimed for pain, suffering, psychological distress, reduced quality of life, aesthetic damage or negative effects on social life.

When determining the amount of moral compensation, the severity of the incident, the permanence of the damage, the circumstances of the parties, the degree of fault and the impact on the patient are considered together.

Compensation for Loss of Support

If the medical malpractice claim concerns a fatal incident, the persons who were financially supported by the deceased may claim compensation for loss of support.

This type of compensation aims to cover the loss of economic support that the deceased provided or was expected to provide in the future. Funeral expenses and other necessary costs arising from the death may also be claimed.

8. How Is the Amount of Compensation Calculated?

The amount of compensation depends on the specific circumstances of each case. In injury cases, the patient’s age, profession, income, treatment process, temporary incapacity period, permanent disability rate and changes in quality of life are considered.

In fatal cases, the age and income of the deceased, the persons supported by the deceased, the expected duration of support and the economic situation of the surviving relatives are examined.

Aesthetic damage, permanent scars, organ loss, movement limitation, loss of earning capacity and need for continuous care may increase the amount of compensation.

Medical reports, income documents, treatment records, disability reports and expert assessments are essential for a proper compensation calculation.

9. Doctor’s Liability in Aesthetic Surgery

Aesthetic operations have a special place in medical malpractice cases. In procedures such as rhinoplasty, facelift, breast aesthetics, hair transplantation, dental aesthetics, liposuction and similar interventions, the patient often acts with a specific visual or functional expectation.

In aesthetic procedures, the doctor must inform the patient in detail, explain the risks, avoid unrealistic promises and align the patient’s expectations with medically achievable results.

In some aesthetic interventions, especially where a specific result has been promised, the doctor’s liability may be assessed more strictly. However, not every aesthetic surgery automatically means that a guaranteed result was promised. Therefore, in compensation claims arising from aesthetic procedures, the doctor’s statements, consent process, medical records, photographs, surgical technique and medical acceptability of the result must be examined together.

10. Incorrect Dental Treatment and Dentist Liability

Dental treatments may also give rise to malpractice claims. Incorrect implant placement, faulty root canal treatment, unnecessary tooth extraction, prosthetic errors, unsuccessful aesthetic dental procedures or failure to manage complications after treatment may lead to compensation claims.

In such cases, X-ray records, treatment plans, materials used, consent documents and before-after records are highly important.

11. Importance of Evidence

In medical malpractice cases, complete collection of evidence is extremely important. Medical malpractice claims require technical evaluation, and the outcome of the case is often shaped by medical documents.

Important documents may include:

• patient file,
• discharge summaries,
• surgery notes,
• anesthesia records,
• laboratory results,
• radiology and imaging records,
• prescriptions,
• consultation notes,
• informed consent forms,
• intensive care records,
• nursing observation forms,
• discharge documents,
• photographs and video records,
• forensic medical examination reports,
• disability reports,
• income documents,
• insurance correspondence.

It is important for the patient or the patient’s relatives to request medical records as early as possible in order to conduct the process properly.

12. Criminal Investigation and Compensation Claims

If a medical malpractice allegation results in serious injury or death, a criminal investigation may also arise. In the criminal file, it may be examined whether the doctor or healthcare personnel acted in accordance with medical standards, whether there was negligence and whether there was a connection between the medical act and the injury or death.

Reports obtained in the criminal file may be important for the compensation case. However, material damage, moral damage, compensation for loss of support and disability calculations are separately evaluated in the civil compensation proceedings.

For this reason, in medical malpractice cases involving serious consequences, both the criminal process and the compensation process may need to be followed carefully.

Conclusion

A medical malpractice compensation claim is a technical process with both medical and legal dimensions. Wrong diagnosis, surgical errors, incorrect treatment, lack of follow-up, breach of the duty to inform, aesthetic surgery errors or hospital organization failures may lead to compensation liability.

However, not every negative medical result is medical malpractice. In order to successfully claim compensation, it must be shown that there was a breach of medical standards, actual damage and a causal link between the medical intervention and the damage.

Therefore, in cases involving suspected medical malpractice, it is important to collect medical records completely, obtain expert review, determine the correct type of legal action and conduct the legal process carefully in order to prevent loss of rights.