{"id":25011,"date":"2023-04-01T16:52:34","date_gmt":"2023-04-01T13:52:34","guid":{"rendered":"https:\/\/www.bicakhukuk.com\/?p=25011"},"modified":"2026-06-29T16:32:56","modified_gmt":"2026-06-29T13:32:56","slug":"medical-malpractice-in-turkish-law","status":"publish","type":"post","link":"https:\/\/www.bicakhukuk.com\/en\/medical-malpractice-in-turkish-law\/","title":{"rendered":"Medical Malpractice Law in Turkey Explained"},"content":{"rendered":"

1. Introduction<\/span><\/h3>\n

T\u00fcrkiye has become one of the world’s leading destinations for healthcare and medical tourism<\/a>, attracting hundreds of thousands of international patients each year. Modern hospitals, internationally trained physicians, competitive treatment costs and comparatively short waiting times have positioned the country as a preferred destination for cosmetic surgery, dental treatment, hair transplantation, ophthalmology, orthopaedics, bariatric surgery, reproductive medicine and numerous other specialised medical services.<\/span><\/p>\n

While the overwhelming majority of medical treatments performed in T\u00fcrkiye are successful, adverse outcomes occasionally occur. In some cases, these outcomes are unavoidable medical complications arising despite appropriate treatment. In others, they may result from failures to comply with accepted professional standards. Distinguishing between these two situations lies at the heart of medical malpractice law.<\/span><\/p>\n

Medical malpractice is one of the most technically complex areas of Turkish law because it combines principles of civil liability, contract law, criminal law, administrative law, constitutional rights and professional medical ethics. Determining whether a healthcare provider is legally responsible rarely depends upon the medical outcome alone. Instead, Turkish courts examine whether the physician, dentist, hospital or other healthcare provider acted with the level of knowledge, skill and care reasonably expected from a competent professional under the particular circumstances of the case.<\/span><\/p>\n

As healthcare services become increasingly international, medical malpractice disputes frequently involve foreign patients who return to their home countries before complications become apparent. These cross-border cases raise additional legal questions concerning jurisdiction, evidence, expert medical reports, limitation periods and representation before Turkish courts. Consequently, understanding the legal framework governing medical malpractice has become increasingly important not only for Turkish patients and healthcare providers but also for international patients, foreign lawyers, insurers and medical tourism stakeholders.<\/span><\/p>\n

This guide provides a comprehensive overview of medical malpractice law in T\u00fcrkiye. It examines the legal framework governing healthcare professionals, explains how Turkish courts determine liability, analyses the distinction between medical negligence and recognised medical complications, discusses available compensation and litigation procedures, and reviews the leading decisions of the Turkish Court of Cassation. Particular attention is given to issues affecting foreign patients who have received medical treatment in T\u00fcrkiye.<\/span><\/p>\n

This article focuses specifically on medical malpractice litigation. Readers seeking broader information regarding international health tourism, healthcare investments, intermediary organisations and regulatory aspects of cross-border medical treatment may also wish to read our separate guide on International Medical and Health Tourism Law in T\u00fcrkiye<\/strong><\/a>.<\/span><\/p>\n

2. Legal Framework Governing Medical Malpractice in T\u00fcrkiye<\/span><\/h3>\n

Unlike some jurisdictions that regulate medical negligence through a single statute, Turkish medical malpractice law is derived from multiple legal sources. Civil liability, contractual obligations, criminal responsibility, administrative law and professional ethics operate together to regulate the conduct of healthcare professionals. Consequently, every malpractice case requires a careful assessment of several legal instruments alongside the extensive jurisprudence of the Turkish Court of Cassation.<\/span><\/p>\n

2.1. Constitutional Principles<\/span><\/h4>\n

Medical malpractice law ultimately derives from the constitutional protection afforded to life, bodily integrity and human dignity. The Constitution of the Republic of T\u00fcrkiye guarantees every individual’s right to protect and develop his or her material and spiritual existence while imposing a duty upon the State to organise and supervise healthcare services. These constitutional principles influence the interpretation of healthcare legislation and have increasingly guided judicial review of medical negligence cases.<\/span><\/p>\n

2.2. Turkish Code of Obligations<\/span><\/h4>\n

The Turkish Code of Obligations constitutes the principal source of civil liability in medical malpractice litigation.\u00a0<\/span>The legal relationship between a patient and a physician is generally contractual in nature. Depending upon the circumstances, this relationship may be characterised as a mandate agreement, a healthcare service contract or, particularly in cosmetic and dental procedures, a contract for work where a specific professional result is expected.<\/span><\/p>\n

Article 112 of the Turkish Code of Obligations provides that a party who fails properly to perform a contractual obligation is liable for the resulting damage unless he or she proves that the failure occurred without fault. This provision plays a central role in private healthcare disputes and has been repeatedly applied by the Turkish Court of Cassation, particularly in cases concerning dental treatment and cosmetic procedures (Turkish Court of Cassation, 6th Civil Chamber, 19 November 2025, E.2024\/2425, K.2025\/3957<\/em>). <\/span>Where no contractual relationship exists, liability may arise under the general provisions governing tortious acts.<\/span><\/p>\n

2.3. Turkish Penal Code<\/span><\/h3>\n

Medical malpractice may also result in criminal liability where negligent conduct causes bodily injury or death. However, criminal responsibility arises only if all statutory elements of the relevant offence are satisfied.\u00a0<\/span>The Turkish Penal Code criminalises negligent bodily injury and negligent homicide. Nevertheless, criminal liability is exceptional. Turkish courts consistently emphasise that physicians are not criminally responsible simply because treatment fails or because an unavoidable medical complication occurs.<\/span><\/p>\n

2.4. Patient Rights Regulation<\/span><\/h4>\n

The Patient Rights Regulation represents one of the most important legal instruments governing healthcare services in T\u00fcrkiye. <\/span>It recognises a wide range of patient rights, including:<\/span><\/p>\n