Malpractice Personal Injury and Proof in Turkey

February 1, 2020 Gökhan Cindemir 0 Comments

Getting Criminal Record in Turkey

This article is explaining the issues concerning proving the damage of a victim by forensic hospitals under Turkish Law. It touches on the issue related to malpractice related to plastic surgery or personal injury cases. Compensation requests from insurance arbitration or litigation is important from the perspective of damage level in the victim.

In case of a malpractice claim, the victim must get an international valid (apostille or consulate approval) report from a forensic hospital authority.

Turkish High Court has several precedents regarding validity of foreign country’s forensic hospital reports. In high court precedents, it’s seen that Russian and British forensic hospital reports are considered as a primary source of evidence by Turkish High Court and which means that the reports obtained from foreign competent forensic hospital is valid.

Please note that if injury level of victim will be indicated in the report. Evaluation of injury level must be carried out in accordance with WHO (World Health Organization) standards. If injury level is not indicated in the report (some country’s forensic hospitals refuses to write it), Turkish forensic hospital can reconsider the report obtained from foreign country along with Rontgen and x-ray documents and it can determine the injury level based on Turkish standards.

Injury level indication in the report is required to apply insurance company by law. Injury level has a big role in order to understand how the victim will suffer in his/her ordinary life and compensation will be determined based on the result. Injury level indications on the report are usually needed concerning personal injury and accident cases. However, unlike injury cases the reports related to malpractice cases indicate the negligence level of the doctor. Accordingly, as well as Turkish forensic hospitals foreign forensic hospitals must show negligence level of the doctor by considering victim medical certificate obtained from the hospital operation took place.

Application to the Forensic Hospital for damage report

In Advance of Arbitration

In several cities of Turkey, there are private forensic hospitals established under universities’ forensic department bodies. Thus, the victim can always apply to private forensic hospital in order to obtain a report regarding injury or malpractice. (expenses might be around 500 – 1000 USD). Expenses can be demanded from defendant in case of existence of an invoice.). In that regard, these reports are usually accepted by the courts and the arbitration. It must be noted that evidences of insurance arbitration claims must always be ready in advance of application. Submission of evidences to insurance arbitration requires all evidences to be submitted.

2. In Duration of Court Litigation

Court can request forensic hospital report during the court case. In that regard, victim must visit government forensic hospital in some specific periods which is determined by the court handling the case. It gives victim flexibility to be ready in the hospital. On the other hand, court litigation procedure is longer than insurance arbitration.

Malpractice Personal Injury and Proof in Turkey was last modified: February 13th, 2020 by Gökhan Cindemir