Not every poor medical outcome is malpractice. Liability in Turkey requires a breach of the standard of care required by medical science and a causal link between that breach and the harm. Treatment carried out without properly informing the patient of its risks and alternatives can itself be unlawful. Claims against private hospitals and clinics are in practice heard by the consumer courts, after a mandatory mediation step; claims arising from public hospitals are brought not against the doctor but against the administration, first by an application to it and then by an action in the administrative court. Foreign patients can usually pursue a claim in Turkey through a lawyer without living here, but time limits run regardless of where the patient lives.
What does medical law cover?
Medical law governs the relationship between patients, doctors and healthcare institutions: patients' rights, the duties of healthcare professionals and the civil, administrative and criminal liability that can arise from medical treatment. In Turkey these questions are governed by several sources together, mainly the Turkish Code of Obligations No. 6098, the Turkish Criminal Code No. 5237, Law No. 1219 on the Practice of Medicine, the Patient Rights Regulation and the rules of administrative law.
The disputes that arise most often concern harm during surgery or treatment, wrong or late diagnosis, injury to mother or baby during birth, hospital-acquired infections, medication and dosage errors, and cosmetic procedures that did not produce the expected result. Turkey also receives a large number of international patients, so questions of jurisdiction, applicable law and evidence gathered across borders arise regularly.
Malpractice or complication?
Every medical procedure carries risks, even when performed with the greatest care. Turkish law therefore distinguishes between a medical error and a complication:
| Medical error (malpractice) | Complication |
|---|---|
| Conduct contrary to medical standards and the required care, such as wrong diagnosis, wrong treatment, inadequate follow-up, lack of knowledge or carelessness | An adverse outcome that is medically foreseeable but could not be prevented despite proper care |
| Gives rise to legal liability | As a rule, does not give rise to liability |
| Failing to respond properly once a complication occurs can itself be an error | The patient must have been informed of the risk in advance |
A complication alone does not create liability, but failing to warn the patient of that risk beforehand, or failing to intervene correctly and in time once it develops, can. Whether an event was an error or a complication is determined primarily through an expert examination of the medical records, usually by a court-appointed expert, the Forensic Medicine Institute (Adli Tıp Kurumu) or a university hospital committee.
Informed consent
As a rule, no medical procedure may be performed without the patient's informed consent. The patient must be told, in a way they can understand, about the diagnosis, the nature of the proposed treatment, its chances of success, the possible risks and complications, alternative treatments and the likely consequences of refusing treatment (Patient Rights Regulation).
- Information must be given a reasonable time before the procedure so that the patient can make a decision.
- The burden of proving that proper information was given generally lies with the doctor and the institution, which is why consent is usually documented on written forms.
- Pre-printed forms with general wording may not be sufficient if they do not explain the risks of the specific procedure.
- For international patients, information given only in a language the patient does not understand raises serious questions about whether consent was truly informed; the language of the forms and any interpreter used are relevant evidence.
- For minors and persons lacking capacity, the consent of the legal representative is required; in emergencies, life-saving treatment may be given without consent.
A procedure carried out without adequate information may be unlawful even if it was technically performed correctly, and liability can arise for the resulting harm.
Claims against private hospitals and clinics
The relationship between a patient and a private hospital or a doctor in private practice is generally governed by the rules on the contract of mandate (Code of Obligations, Art. 502 et seq.). The doctor undertakes to exercise the care required by medical science, not to guarantee a result, and is liable for even slight negligence. A private hospital is also liable to the patient for errors by the doctors working there; the patient can sue the hospital and the doctor together.
In practice, the relationship between a private hospital and a patient is treated as a consumer transaction, and these claims are heard by the consumer courts. A mandatory mediation application must therefore be made before filing suit (Consumer Protection Law No. 6502, Art. 73/A). See our consumer law guide for the mediation and consumer court framework.
Doctors and dentists in Turkey are required to hold compulsory professional liability insurance for medical malpractice. The insurer is often notified of the case and joins the proceedings; however, the policy limit may not cover the full amount of compensation.
Claims arising from public hospitals
For harm caused by doctors in the course of their duties at state hospitals, training and research hospitals and state university hospitals, the patient cannot sue the doctor directly; the claim must be brought against the administration (Constitution, Art. 129; Civil Servants Law No. 657, Art. 13). The administration may later seek recovery from the employee at fault.
- Application to the administrationThe injured person applies in writing to the relevant authority, such as the Ministry of Health, the provincial health directorate or the university rectorate, within one year of learning of the act causing the harm and in any event within five years of the act (Administrative Procedure Law No. 2577, Art. 13).
- ResponseIf the application is rejected, or not answered within 30 days, it is deemed rejected.
- Full remedy actionA full remedy action (tam yargı davası) is filed in the administrative court within the time limit for administrative actions, which is generally 60 days from the rejection.
Liability in administrative law is based mainly on fault in the public service: a service that operated late, badly or not at all. Time limits and types of action are explained in our administrative law guide.
Health tourism: claims by international patients
Many patients travel to Turkey for dental treatment, hair transplants, eye surgery, bariatric surgery and cosmetic procedures, often through an agency or package arranged online. When something goes wrong after the patient has returned home, several additional questions arise:
- Who is the counterparty? The hospital or clinic, the treating doctor and any intermediary agency may each have obligations. The invoice, the booking documents and the correspondence show who contracted with the patient and for what.
- Authorisation: Under the Regulation on International Health Tourism and Tourist Health, healthcare facilities and intermediary organisations serving international patients must hold an authorisation from the Ministry of Health. Whether the clinic and agency were authorised, and whether the procedure was performed by a licensed doctor in a licensed facility, is relevant both to liability and to possible complaints.
- Jurisdiction and applicable law: Turkish courts generally have jurisdiction over a hospital, clinic or doctor based in Turkey. Which country's law applies depends on the contract, any choice-of-law clause and the Private International Law Act No. 5718; where the treatment was carried out in Turkey, Turkish law is frequently applied, but this must be assessed case by case.
- Evidence: Treatment and follow-up records from the patient's home country must be translated into Turkish by a sworn translator and, where necessary, apostilled. Court-appointed experts in Turkey will examine both the Turkish and the foreign records; in some cases a physical examination of the patient in Turkey may be requested.
- Representation from abroad: A patient living abroad can usually conduct the mediation and the lawsuit through a lawyer under a power of attorney issued at a Turkish consulate or before a local notary with an apostille.
The same principles on informed consent and the standard of care apply to international patients as to Turkish patients. Promotional statements, before-and-after photos shown during marketing and messages exchanged with the clinic's patient coordinators can be important evidence of what was promised.
Cosmetic procedures
Cosmetic procedures aim to improve appearance rather than treat an illness. For this reason:
- The duty to inform is interpreted much more broadly; all possible outcomes, including unlikely risks, must be explained in detail.
- Where a specific aesthetic result was promised, there is a view in practice that the contract includes a commitment to a result and should be treated as closer to a contract for work, which broadens liability.
- Photographs before and after the procedure, correspondence with the doctor or clinic and advertising content are important evidence.
- Whether the procedure was performed by an authorised doctor in a licensed facility should be checked; procedures by unauthorised persons may also lead to criminal liability.
Patient rights and complaints
The Patient Rights Regulation grants patients, among others, the following rights:
- To request information about their health and to examine and obtain copies of their medical records
- To choose and change healthcare institution and doctor
- To privacy and confidentiality of health information
- To refuse or stop treatment
- To complain and take legal action when their rights are violated
Complaints can be made to the hospital's patient rights unit, the provincial health directorate or the Ministry of Health. An administrative complaint may lead to a disciplinary investigation against the doctor, but it does not replace a claim for compensation, which requires separate legal action.
A complete copy of the medical records should be obtained as early as possible: the patient file, discharge summary (epikriz), operation notes, anaesthesia records, nursing observation forms, consent forms and imaging and laboratory results. These records form the basis of the expert examination. Health data is also special category personal data; see our data protection guide.
Criminal liability
Death or injury resulting from a medical error may constitute negligent homicide (Criminal Code, Art. 85) or negligent injury (Criminal Code, Art. 89). In some forms of negligent injury, prosecution depends on a complaint and reconciliation (uzlaştırma) may apply. An expert report is usually obtained in the criminal investigation as well.
The criminal investigation and the compensation claim are independent of each other. An acquittal in the criminal case does not, as a rule, bind the civil judge on the question of fault, but the evidence and expert reports gathered in the criminal file can be used in the compensation case. See our criminal law guide for how criminal proceedings work.
What can be claimed?
Depending on the circumstances, a patient may claim pecuniary damages, such as treatment costs, the cost of corrective procedures, loss of earnings and loss of earning capacity, and non-pecuniary damages for pain and suffering. Where the patient dies, those who depended on them can claim compensation for loss of support, and close relatives can claim non-pecuniary damages. The amounts are determined by the court on the basis of expert reports, including an actuarial calculation for future losses.
Competent courts and authorities
| Dispute | Court or authority |
|---|---|
| Compensation claim against a private hospital, clinic or doctor in private practice | Consumer court (mandatory mediation before filing) |
| Compensation for harm in a state, training and research or state university hospital | Administrative court (full remedy action, after an application to the administration) |
| Negligent homicide or injury | Public prosecutor; criminal court of first instance |
| Complaints about patient rights violations | Hospital patient rights unit, provincial health directorate, Ministry of Health |
Time limits
| Item | Period | Legal basis |
|---|---|---|
| Contractual claims against a private hospital or doctor | 5 years for claims arising from a mandate; a longer criminal limitation period may apply if the act is a crime | Code of Obligations, Art. 147 |
| Claims based on tort | 2 years from learning of the damage and the liable person; 10 years from the act at the latest | Code of Obligations, Art. 72 |
| Public hospital: application to the administration | 1 year from learning of the act; 5 years from the act at the latest | Law No. 2577, Art. 13 |
| Public hospital: administration's response | 30 days (no response = rejection) | Law No. 2577, Art. 13 |
| Public hospital: full remedy action | 60 days | Law No. 2577, Arts. 7 and 13 |
| Complaint for negligent injury where prosecution requires a complaint | 6 months from learning of the act and the perpetrator | Criminal Code, Art. 73 |
When a time limit starts can depend on when the damage and the liable person became known, and some injuries only become apparent over time, so the limits must be assessed for each case.
Practice and legislation on the competent court, mandatory mediation, health tourism authorisation and compulsory liability insurance can change. Check the current rules before taking action.
Documents usually required
- A complete copy of the patient file: discharge summary, operation notes, anaesthesia records, nursing forms
- Signed informed consent forms, and information about the language in which they were provided
- Test and imaging results (MRI, CT, X-ray) and digital copies of the images
- Invoices and payment records, including any agency or package booking
- Reports on later treatment, including treatment abroad, with sworn Turkish translations
- For cosmetic procedures: before-and-after photos, correspondence and advertising content
- Documents showing loss of income (payslips, tax records)
Relevant legislation
Turkish legislation is published (in Turkish) at mevzuat.gov.tr:
- Turkish Code of Obligations No. 6098 — Arts. 49–56, 72, 146–147, 502–514
- Law No. 1219 on the Practice of Medicine and Related Professions
- Patient Rights Regulation
- Regulation on International Health Tourism and Tourist Health
- Consumer Protection Law No. 6502 — Art. 73/A
- Administrative Procedure Law No. 2577 — Arts. 7, 12, 13
- Private International and Procedural Law No. 5718
- Turkish Criminal Code No. 5237 — Arts. 85, 89
Medical Law: topics
The main topics within Turkish medical law are listed below. Detailed guides for each are in preparation.
- Medical malpractice claims
- Informed consent
- Health tourism disputes
- Cosmetic surgery disputes
- Patient rights
Frequently asked questions about medical malpractice in Turkey
My condition got worse after surgery in Turkey. Is that malpractice?
Not necessarily. Liability requires a breach of medical standards and a causal link to the harm. An adverse outcome that occurred despite proper care, and of which you had been warned, is a complication. The distinction is made through an expert examination of the medical records.
I had treatment in Turkey and have returned home. Can I still bring a claim?
Yes, in most cases. A claim against a clinic or doctor based in Turkey can generally be brought before the Turkish courts, and you can be represented by a lawyer under a power of attorney without living in Turkey. Records from your home country must be translated into Turkish by a sworn translator, and time limits run regardless of where you live.
Can I sue the doctor at a state hospital?
No. A doctor working at a public hospital cannot be sued directly for harm caused in the course of their duties. You must first apply to the administration and then file a full remedy action against the administration in the administrative court.
I signed a consent form. Can I still bring a claim?
Yes. A consent form shows that information was given; it does not remove liability for a lack of care. A pre-printed form with general wording, or a form in a language you did not understand, may not amount to adequate informed consent.
Where is a claim against a private clinic filed?
In practice before the consumer court, after a mandatory mediation application. The hospital and the doctor can be sued together.
How long do I have to bring a malpractice claim?
For contractual claims against a private hospital or doctor, generally five years (Code of Obligations, Art. 147); for tort claims, two years from learning of the damage and ten years at the latest. For public hospitals, an application must be made to the administration within one year of learning of the act and within five years at the latest.
Can I get a copy of my medical records?
Yes. Under the Patient Rights Regulation, patients may examine and obtain copies of their medical records. Request the complete file in writing, including operation and anaesthesia notes and consent forms.
Do I need to file a criminal complaint before claiming compensation?
No. The criminal investigation and the compensation claim are independent. A criminal case is not required, and an acquittal does not, as a rule, bind the civil judge on fault.
This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation. Legislation and court practice change over time, so check the current legislation before taking any step. Last updated: 14 October 2026