Medicine is a profession that directly touches human life and requires high responsibility. However, in some cases, negligence or malpractice by healthcare professionals can cause irreparable harm. Such cases are called medical malpractice, or malpractice.
Individuals who are harmed due to malpractice may suffer great losses both financially and morally. For this reason, the Turkish legal system recognizes the right to file a lawsuit for compensation for those who have been subjected to medical malpractice.
What isMalpractice?
Malpractice is a situation where a healthcare professional causes harm to a patient as a result of a breach of the duty of care and diligence in fulfilling his or her professional obligations. This harm can occur for a wide variety of reasons, such as a diagnostic error, a mistake made during surgery, a medication error or lack of follow-up.
Malpractice covers not only doctors but also all health personnel such as nurses and anesthesia technicians. What is important is that the faulty or incomplete intervention to the patient has caused damage with acausal link.
Which situations are considered malpractice?
Some examples below fall within the scope of malpractice:
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Misdiagnosis and the resulting inappropriate treatment,
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Organ injury or foreign body left behind during surgical intervention,
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Prescribing medicines to which the patient is known to be allergic,
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Harm to the mother or baby due to improper intervention during childbirth,
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Ignoring a complication that should have been followed up,
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Patient harm as a result of failure to prevent the risk of infection.
In such cases, the patient must document the damage and prove that this damage was caused by the negligence or malpractice of the healthcare professional. In such cases, we provide support to our clients in both the follow-up of medical expert reports and the professional management of the legal process.
Against Whom CanMalpractice Lawsuits Be Filed?
A malpractice action is brought by the person who committed the malpractice:
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For doctors working in a public hospital, against the administration (the state ),
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For health personnel working in private hospitals, both the doctor and the hospital are against them,
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For self-employed physicians , it can be filed directly against the physician.
In other words, the addressee of the lawsuit depends on the nature of the institution where the doctor works. This distinction also determines the court of appeal.
In which court is a malpractice lawsuit filed?
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In cases of malpractice instate hospitals, the lawsuit is filed as a full court case in theAdministrative Court.
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In the case ofprivate hospitals or freelance physicians, the case is filed at the Consumer Court or the Civil Court ofFirst Instance.
The court is determined by the nature ofthe case, the type of compensation (pecuniary or non-pecuniary) and the position of the defendant. It is of great importance that the process is conducted in the right court.
Burden of Proof and Process in Malpractice Litigation
Collection of Medical Documents:
Medical records, treatment processes, prescriptions, surgery reports and epicrisis documents of the hospital should be collected in full.
Medical Expert Review:
One of the most critical stages in the litigation process is the expert report. The expert assesses whether the physician complied with the duty of care and whether the practice complies with medical standards.
Compensation Claim:
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Material compensation: Loss of earning capacity, medical expenses, need for ongoing care, etc.
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Moral damages: It covers intangible damages such as pain, suffering and loss of quality of life.
time limit
Malpractice lawsuits are generally subject to a 5-year statute of limitations. However , in lawsuits to be filed against public institutions, an application must be made to the administration within 1 year. Therefore, the time period must be evaluated separately in each case.
Things to Consider
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In all cases of suspected medical error, medical documents should first be obtained and the process should be evaluated with an expert lawyer.
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Not every bad outcome is malpractice. There is no right to compensation if the physician acted in accordance with medical standards but the unintended outcome occurred.
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The expert report is very important in the litigation process. Therefore, working with a legal expert who has a good command of medical terminology has a positive impact on the process.
Malpractice is not only an individual victimization; it is also a quality and safety issue in healthcare services. In cases where physicians exceed their professional limits and cause harm to patients, it is important to take legal action both to protect personal rights and to strengthen public health.
AsAttorney Atakan Ayhan, we provide comprehensive services to seek the material and moral rights of victims of medical errors, to carry out the process in accordance with the legal basis and to ensure that the necessary compensation is obtained.
Contact Us
If you or your relatives have been victimized due to a doctor’s mistake, you can claim compensation for the damage you have suffered through legal means.
You can contact us for detailed information and professional support about malpractice lawsuits.
