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.

This article is intended for general informational purposes only and not intended as a substitute for the advice and counsel of an attorney. If you want to contact an English-speaking lawyer in Istanbul for more information, you can contact our office.