Medical Malpractice and Liability Laws

Plain talk first. Medical care involves risk. Most outcomes are good. Some are not. When harm happens because care fell below accepted standards, it may be medical malpractice. This article explains how malpractice works in Türkiye, what is specific to Istanbul, which courts hear these cases, what deadlines apply, how insurance works, and what a patient can do, step by step. The aim is simple language and recent, practical information.

What counts as medical malpractice?

Doctors and hospitals must act with care, skill, and attention to medical science. In Turkish practice, courts and medical experts compare what happened to the accepted standard for that field and moment in time. If a doctor or clinic deviates from that standard and the patient suffers harm as a result, liability can arise.

Malpractice vs. complication

Not every bad result is malpractice. Some injuries are known complications that can occur even when the team follows the rules. A key part of any case is deciding which one it is. In Türkiye, courts rely heavily on independent expert reports to make that call. These reports weigh records, imaging, labs, notes, and timelines. In Istanbul, the Council of Forensic Medicine (Adli Tıp Kurumu, “ATK”) and university boards frequently provide these opinions.

Four building blocks of a claim

• Duty: a care relationship existed (hospital admission, clinic visit, surgery, etc.).
• Breach: the care fell below accepted practice.
• Causation: that breach led to the injury.
• Damage: there is loss—medical, financial, or non-pecuniary.

The legal framework (as of 2025)

Several laws and rules shape malpractice in Türkiye:

• Turkish Code of Obligations (TCO) No. 6098 governs civil liability and damages.
• Turkish Penal Code (TPC) No. 5237 addresses crimes like negligent injury and negligent homicide when conduct crosses into criminal territory.
• Fundamental Law on Healthcare Services No. 3359 sets broad health-system rules and—through later amendments—procedures around public-sector recourse.
• Patient Rights Regulation secures informed consent, access to records, and complaint routes.
• Compulsory Financial Liability Insurance for Medical Malpractice requires physicians to carry coverage; tariff limits are periodically updated.
• Mediation reforms (2023) added a mandatory mediation step before many civil compensation lawsuits.

Where do you file in Istanbul?

Private hospitals and private doctors

Claims against private providers are usually treated as consumer disputes. They are heard in Consumer Courts in Istanbul (e.g., Bakırköy, Çağlayan, Anadolu courthouses depending on location and jurisdiction). If you sue an insurer (for example, the doctor’s compulsory policy), the Commercial Court may be competent, because the defendant is an insurance company.

Public hospitals and university hospitals

If the treatment took place in a public hospital, claims for compensation (pecuniary and non-pecuniary) are filed as full remedy actions in the Administrative Courts. Before suing, you must apply to the administration within the legal time window (details below). University hospitals can be public or private; the route follows the legal status of the institution at the time of treatment.

Criminal route

In parallel with civil or administrative remedies, a patient or family may file a complaint with the Istanbul Chief Public Prosecutor’s Office if they believe a crime occurred (e.g., negligent injury or negligent homicide). Criminal and civil tracks can run side by side. Expert evidence is central in both.

What happens before a lawsuit?

Mandatory mediation for compensation claims

Since 1 September 2023, Türkiye requires mediation before filing many money-related civil lawsuits, which typically includes medical compensation claims against private providers. Filing without mediation can lead to dismissal on procedural grounds. Mediation does not apply to criminal cases. For claims against public hospitals, the mandatory step is a written application to the administration (see below), not mediation.

Pre-application for public hospital cases

For claims against the administration (public hospital), you must first apply to the relevant authority within the set time limit. If the administration rejects your application or does not answer within the statutory period, you then have a short window (commonly 60 days) to file in the Administrative Court.

Deadlines (limitation periods)

Limitation periods depend on the legal basis and the type of provider. Missing a deadline can end a claim, so note these typical time frames used by courts:

Private providers (civil courts)

• Tort-based claims: often 2 years from learning of the harm and the liable party, with a 10-year long-stop from the act.
• Contract/consumer claims: many courts apply a 5-year period for health services provided under a contract, especially for private hospitals and private physicians.

Public providers (administrative courts)

• Pre-application: typically within 1 year from learning the damage and the actor.
• Absolute limit: generally 5 years from the act causing harm. After the application, you have about 60 days to sue if the administration rejects or stays silent.

Criminal law overlay

If the alleged act amounts to a crime (e.g., negligent injury or negligent homicide), longer criminal limitation periods may apply to criminal prosecution, and civil claims tied to the offense can benefit from those longer periods. Always anchor your timeline to the exact facts and classification of your case.

Evidence: how Istanbul courts decide

Expert reports drive outcomes

Turkish courts almost always appoint medical experts. In Istanbul, the Council of Forensic Medicine (ATK)—headquartered in Bahçelievler—and university faculty boards examine files and issue opinions on whether the standard of care was met and whether that caused the injury. Courts can also seek higher or specialized boards if reports conflict.

Medical records and consent forms

You have the right to access your medical records and obtain copies. Informed consent documents, anesthesia charts, nursing notes, lab results, and imaging timelines are crucial. Many reversals on appeal involve inadequate consent or missing documentation. If you were treated in Istanbul, request records from the hospital’s Patient Rights Unit and download your data from the national e-Nabız portal if available.

Tip for international patients

If you traveled for care, ask for records in both Turkish and English. The Ministry of Health’s lines (including SABİM 184 and the International Patient Assistance Unit) can help you navigate requests and complaints, including language support.

What damages can you claim?

Two broad categories exist:

• Pecuniary (material): treatment costs, rehabilitation, travel and accommodation for follow-up, loss of earnings or loss of support, assistive devices, and future care.
• Non-pecuniary (moral): pain and suffering, loss of life enjoyment, and—where applicable—family members’ suffering in fatal cases.

Courts tailor amounts to the facts. Expert actuaries may be appointed for loss-of-earnings calculations. Interest and court costs can be awarded separately.

Insurance: who pays and how much?

Physicians in Türkiye carry Compulsory Financial Liability Insurance for Medical Malpractice. This policy typically covers claims arising from professional activity during the policy period and—importantly—provides retroactive protection going back years for acts within the insured’s professional practice. Coverage includes defense costs and interest, within limits.

Coverage limits are set in tariffs and can change. A recent Official Gazette update (August 2025) raised overall caps, with an aggregate ceiling per policy period. Individual per-event limits apply by risk group and are listed in the tariff table. Hospitals often carry separate institutional policies. Where both the doctor and the hospital are liable, claims can proceed against both and the relevant insurers, subject to policy terms.

Criminal aspects: when does it cross the line?

Serious harm or death can trigger criminal investigation. The Penal Code includes negligent injury and negligent homicide. Prosecutors may order forensic reviews, obtain hospital CCTV, and request ATK board opinions. A criminal conviction is not required to win civil compensation, but it can influence civil findings. Conversely, an acquittal does not always defeat civil liability because civil courts apply different standards of proof.

Public-sector recourse rules (what changed recently)

In public hospital cases where the state pays compensation, the question becomes whether the state will seek recourse against the individual professional. Amendments in 2022 created a Professional Responsibility Board to decide if and how the state recovers from public health workers. In 2024, Türkiye’s Constitutional Court partly adjusted how that mechanism applies—particularly for university staff. These changes matter for doctors and hospitals; patients should simply note that compensation from the administration does not depend on recourse outcomes.

Istanbul specifics you should know

• Expertise is centralized. The Council of Forensic Medicine’s headquarters and several boards are in Istanbul. Many cases statewide rely on its opinions. You may see more than one expert report if the court needs a higher or specialized board.
• Volume and venues. Istanbul’s Consumer Courts, Commercial Courts, and Administrative Courts handle a high volume of health disputes. Expect scheduling lead-times; mediation can shorten the path if parties are pragmatic.
• Language support. The Ministry of Health’s International Patient Assistance Unit supports calls to 112 and 184 in several languages and logs complaints for follow-up.

Step-by-step if you think you suffered malpractice in Istanbul

1. Write a timeline. Dates, names, what you were told, and what happened next. Keep it simple and factual.
2. Request your records. Ask the hospital’s Patient Rights Unit for your full file (consent forms, notes, anesthesia records, imaging, lab results, discharge summary). Download your e-Nabız data if you use the portal.
3. Get an early medical review. A qualified specialist (not involved in your care) can flag potential breaches and what more you need to collect.
4. File a complaint, if you wish. For service issues, you can contact 184 SABİM or submit through CİMER. This is not a lawsuit, but it creates a record and can prompt inspections.
5. Consider mediation. For private providers, speak to a lawyer and start the mandatory mediation step before court. Bring your records and any second opinions.
6. Choose the right court. Private providers → Consumer Court (and Commercial Court if suing the insurer). Public hospital → Administrative Court after timely administrative application.
7. Mind the deadlines. Do not wait. Different clocks run for tort, contract, administrative, and criminal routes.
8. Expect experts. Courts will likely appoint expert panels (ATK or university). Your lawyer can challenge incomplete or inconsistent reports and request higher-board review.

What makes or breaks a case

• Informed consent. Clear, procedure-specific consent forms matter. Many decisions turn on whether risks were explained and documented.
• Documentation quality. Courts notice missing or altered records. Keep your copies safe.
• Causation clarity. Even if there was a breach, you must show it caused the harm. Experts focus on this link.
• Realistic damages. Courts award what can be proven with bills, payroll records, and medical proof. Non-pecuniary awards reflect the severity and impact.

Frequently asked quick answers

Do I have to mediate before suing in Istanbul?

For most civil compensation claims against private providers: yes, since 1 September 2023. For public hospitals, you first apply to the administration instead of mediating.

How long does a case take?

It varies with court calendars and expert workloads. Mediation may resolve matters faster. If the case proceeds in court, expect multiple expert rounds before judgment.

Will insurance actually pay?

Physicians carry compulsory malpractice insurance. Payouts follow policy limits and terms. Hospitals may have institutional policies. Limits were increased in 2025, with an overall cap per policy period and per-event limits by risk group.

Final notes

This guide is practical information, not legal advice. Every case turns on details: the provider’s status, your documents, causation, and timing. If you suspect malpractice in Istanbul, collect records early, respect the deadlines, and consult a professional experienced in health law and forensic procedure.

References

1. Law No. 7445 (“7th Judicial Package”) introducing mandatory mediation (effective 1 Sept 2023).
2. Administrative pre-application and time limits for public hospital claims; filing window after rejection/silence.
3. Private provider claims heard in Consumer Courts; insurer disputes in Commercial Courts.
4. Tort vs. contract limitation periods commonly applied in civil malpractice claims.
5. Compulsory Financial Liability Insurance—General Conditions (Official Gazette basis and later amendments).
6. Tariff update raising limits and stating an aggregate cap for malpractice insurance (Official Gazette, 7 Aug 2025).
7. Sample insurer pages describing scope/retroactive effect of compulsory malpractice insurance.
8. Role of the Council of Forensic Medicine (ATK) and expert reports in malpractice cases; Istanbul location/contact.
9. Penal Code provisions on negligent injury and negligent homicide (English texts/compilations).
10. Informed consent emphasized in high-court reviews and reversals (recent forensic bulletin study).
11. Patient Rights—official ministry page and complaint channels (Patient Rights Units, SABİM 184).
12. International Patient Assistance Unit—interpreting and complaint routing (MoH).
13. e-Nabız digital health portal overview for accessing one’s records.
14. Public-sector malpractice recourse: Professional Responsibility Board under Law No. 3359 (2022) and Constitutional Court developments in 2024.