According to the Turkish Medical Association's Medical Ethics Rules, malpractice refers to a situation where a patient suffers harm due to a doctor's lack of knowledge, inexperience, or error. The Turkish legal system protects patients' rights in such cases. Doctors can be held liable for acting contrary to their duty of care when they misdiagnose or misdirect a patient. Legal and criminal liabilities arising from medical malpractice are assessed under the principles outlined in the Turkish Penal Code. However, doctors are not held responsible for complications that occur if medical standards are correctly and thoroughly applied.
The World Medical Association issued a declaration on "Medical Malpractice" during its 44th General Assembly in 1992. This declaration defines medical malpractice as harm resulting from a doctor's failure to apply standard practice, lack of knowledge and skills, or failure to treat a patient properly.
Malpractice refers to negligence and errors in medical practice and also implies the misuse of duty. Although malpractice is not explicitly defined in the legislation, it represents a failure to perform as required in the doctor-patient relationship. Medical errors are incidents that occur due to the negligent actions of healthcare personnel during the delivery of healthcare services. Doctors must provide careful medical intervention to their patients. Even if a medical intervention complies with all legal conditions, a doctor cannot avoid responsibility if it is carried out contrary to contemporary standards required by medical science and practice. This responsibility may arise from disciplinary, private law, or criminal law, or a combination of these.
Cases where doctors harm patients due to errors, negligence, or faults in their professional practice may result in criminal liability. Doctors will be held accountable for illegal acts arising from negligent or inadvertent actions under the provisions of the Turkish Penal Code.
Additionally, patients who suffer harm due to malpractice and, in suitable cases, their relatives, may seek compensation for their financial and moral damages. In such instances, the doctor's legal liability arises, and they may be required to compensate for the damages from their personal assets.
Compensating for harm caused by a doctor's negligent actions while providing healthcare falls within the scope of legal liability, and the doctor-patient relationship is based on a contract of agency. In compensation claims arising from the doctor-patient relationship, the provisions of the law of obligations regarding the contract of agency apply. However, in cases where there is no contractual relationship between the doctor and the patient, the doctor's liability is assessed based on tort law provisions.
For compensation to be awarded due to harm caused by a doctor's unlawful medical intervention, certain conditions must be met:
1. The doctor must have acted unlawfully during the medical practice.
2. The medical intervention must have caused harm to the patient.
3. The harm must be attributable to the doctor's fault.
4. There must be a causal link between the fault and the harm suffered by the patient.
If these four elements are present, the doctor may be held liable for compensation. If even one of these elements is missing, no compensation can be awarded against the doctor.
The accusation of fault against doctors should be evaluated based on the criterion of "compliance with medical necessity." An assessment is made considering the knowledge, skills, experience, and physical/intellectual capabilities that an average doctor should possess.
Proving fault is crucial in compensation lawsuits. If the relationship between the doctor and patient is based on a contract, the doctor is presumed to be at fault, and the patient only needs to prove the damage and the breach of contract. If the relationship is not contractual, the patient must also prove the doctor's fault. Therefore, determining fault should be done meticulously.
Compensation claims due to doctor error vary in terms of the concept of fault and its proof. The nature of the doctor-patient relationship is also significant concerning the statute of limitations. If the relationship is contractual, the claims are subject to a 5-year statute of limitations. If the relationship is not contractual, tort law provisions apply, and the lawsuit period is limited to 2 years. However, considering the time it takes to discover the faulty act in malpractice cases, the statute of limitations is 10 years from the date the act occurred.
The process of filing compensation lawsuits arising from malpractice varies depending on whether the doctor works in the public or private sector. Direct lawsuits cannot be filed against doctors working in state or university hospitals; the defendant will be the Turkish Administration, and the lawsuit must be filed in administrative courts. Direct lawsuits can be filed against doctors working in private hospitals or their own clinics, and these cases are heard in consumer courts. Since applications such as aesthetic operations or dental prostheses are considered as work contracts, the trial period and the competent court may vary in these types of cases.
If you need expert legal assistance or have questions regarding medical malpractice lawsuits in Turkey, CCS Law is here to help. Our experienced team of Turkish lawyers is well-versed in navigating the complexities of medical negligence and malpractice cases. Whether you’re seeking advice on filing a lawsuit, understanding your rights, or pursuing compensation for damages, we offer comprehensive support and tailored solutions to meet your needs. Contact us today to schedule a consultation.
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.
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