Medical Negligence

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Medical Negligence

Medical negligence refers to a physician’s or healthcare professional’s act of causing harm to a patient due to ignorance, lack of experience, or negligence, thereby acting contrary to the requirements of medical science and the duty of professional care. The essential criterion here is how a prudent and diligent physician would have acted under the same circumstances. If the conduct of the healthcare provider falls below this standard and results in harm to the patient, such conduct is legally qualified as medical negligence.

Medical malpractice may arise in various forms. The most common examples include:

Misdiagnosis or failure to diagnose a medical condition,
Application of unnecessary or improper treatment methods,
Surgical errors (such as operating on the wrong site),
Incorrect medication or dosage errors,
Obstetric errors causing harm to the mother or the newborn,
Delay or failure in emergency medical interventions,
Performing risky procedures without obtaining the patient’s informed consent,
Misuse of medical equipment or devices.

Individuals who have suffered harm as a result of medical malpractice are afforded legal protection. In this context:

Claims for Pecuniary Damages: Compensation may be sought for economic losses such as medical expenses, loss of earning capacity, permanent incapacity, and care costs.
Claims for Pecuniary Damages: Compensation may be sought for economic losses such as medical expenses, loss of earning capacity, permanent incapacity, and care costs.
Claims for Non-Pecuniary Damages: The patient or their relatives may claim non-pecuniary compensation for the pain, distress, and psychological suffering endured.
Criminal Liability: Where the healthcare professional’s conduct constitutes an offence under the Turkish Penal Code—such as causing injury or death by negligence—criminal proceedings may be initiated.
Disciplinary and Administrative Liability: Disciplinary proceedings may be conducted before professional chambers, and administrative sanctions may be imposed particularly where the healthcare professional is a public official.

A malpractice case generally commences with the collection and examination of all relevant medical records, patient files, and treatment documents. Thereafter, expert medical opinions and forensic reports are obtained in order to establish the existence of malpractice and the causal link (causation) between the act and the harm. At this stage, an assessment is made as to whether the healthcare provider breached their duty of care and whether fault can be attributed. Based on the legal analysis, actions for pecuniary and non-pecuniary damages may be brought, and where the act constitutes a criminal offence, criminal proceedings may be pursued.

At Lotus Law & Consultancy, we provide comprehensive legal assistance at every stage of malpractice disputes. Our services include preparing detailed legal opinions, reviewing and challenging expert reports, pursuing compensation and criminal proceedings, and representing clients in mediation and settlement negotiations. Furthermore, we offer advisory services to foreign patients who have suffered malpractice in Türkiye within the scope of medical tourism, and we deliver effective legal solutions in disputes with an international dimension.

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