MEDICAL MALPRACTICE LAWSUITS IN TURKISH LAW: LIABILITY IN HEALTHCARE AND LEGAL PROCESS
In Turkish
law, medical malpractice refers to the legal responsibilities arising from the
negligence or fault of healthcare professionals in fulfilling their
professional duties. Medical malpractice lawsuits are typically initiated by
patients or their families and are governed by the Turkish Civil Code and the
Basic Law on Health Services. Here are important insights into medical
malpractice lawsuits in Turkish law:
1. What is
Medical Malpractice?
Medical malpractice entails the damages and losses resulting from a healthcare
professional's failure to adhere to standards while performing their duties. In
such cases, patients have the right to seek compensation through legal means.
2. Legal
Process: Medical
malpractice lawsuits are usually heard in civil courts. The burden of proof
lies with the plaintiff – the patient or their family – to demonstrate the harm
caused by the negligence or fault of the healthcare professional. Evidence may
include medical records, witness statements, and expert opinions.
3.
Determining the Legal Standard:
In a medical malpractice case, the court often establishes a legal standard
when assessing the conduct of a healthcare professional. Factors considered may
include how colleagues in the same field would have acted in similar
situations.
4.
Compensation and Liability:
The court in a medical malpractice case may order compensation to be paid to
the patient or their family. However, each case is unique, and the court
carefully evaluates the circumstances to ensure justice is served.
5. Expert
Legal Counsel:
Medical malpractice cases can involve complex legal issues; therefore, seeking
expert legal counsel is crucial. Patients or their families should seek legal
expertise to effectively protect their rights and pursue fair compensation.
Medical
malpractice lawsuits in Turkish law are framed by regulations governing
liability in healthcare. These cases play a vital role in ensuring healthcare
professionals adhere to standards and serve as an important legal process to
protect the rights of victims.
