Compensation Claim Due to Wrongful Medical Intervention

TO THE DUTY PRIMARY CIVIL COURT
OF ANKARA

PLAINTIFF:
Name and Surname – (Turkish Republic Identity Number: …) – Address

ATTORNEY:
Lawyer's Name and Surname – Address

DEFENDANT:
Name and Surname – (Turkish Republic Identity Number: …) – Address

SUBJECT:
Our claim for further damages is limited to ... TL in moral damages and ... TL in material damages, with our rights reserved for future claims.

VALUE OF THE CLAIM:
… TL (This is a claim for an unspecified amount)

EXPLANATIONS:

1- My client presented to the defendant hospital on …/…/… with complaints of stomach problems and nausea. Following an examination by the defendant doctor, a general stomach medication was prescribed without a diagnosis. My client continued using the medication, but the symptoms worsened, and cramps and stomach pains began. Upon returning to the defendant hospital, tests revealed that my client had an intestinal obstruction.

2- My client underwent emergency surgery for intestinal obstruction, but the obstruction caused further damage to internal organs. Following the incident, the defendant hospital intervened as a result of a complaint filed with the hospital, but due to medical delay and faulty treatment, there was a risk of organ loss.

3- During my client's initial visit to the hospital, the examination and treatment recommendations made by the doctor were flawed. Tests that weren't performed and symptoms that were overlooked seriously affected my client's quality of life and endangered their health.

4- The treatment process following the incident was also extremely complicated; the incorrect administration of medication and delayed interventions caused my client to suffer even more. The delayed surgery and treatment resulted in very serious physical and psychological harm to my client.

5- My client has suffered both financial and emotional distress due to these health problems. Due to the pain experienced during treatment, loss of work capacity after surgery, psychological distress, and negative impacts on their social life, compensation for emotional distress should be claimed.

6- My client's medical expenses, including hospital visits and fees required for hospital care, totaled … TL. Furthermore, my client is seeking compensation for moral damages due to loss of earning capacity, suffering during treatment, and losses in social life.

7- It is clear that all professionals in the healthcare sector must perform all medically necessary tests and make an accurate diagnosis before beginning treatment. However, doctors are obligated to treat their patients to the best of their ability, and healthcare professionals who fail to fulfill this obligation will be held liable.

EVIDENCE:
1- Hospital reports
2- Invoices showing treatment costs
3- Expert report
4- Witness statements
5- Photographs and other legal evidence

WITNESSES:
1- Name and Surname – (Turkish Republic Identity Number: …) – Address
2- Name and Surname – (Turkish Republic Identity Number: …) – Address

LEGAL GROUNDS:
Turkish Code of Obligations, Health Law, Patient Rights Regulation, Turkish Medical Association Code of Medical Ethics, relevant legislation.

CONCLUSION AND REQUEST:
For the reasons explained above, I respectfully request and demand that the defendant hospital and the relevant healthcare professional be ordered to pay our client … TL in material damages and … TL in moral damages, along with legal interest accruing from the date of the incident, as a result of their negligent actions, and that the court costs and attorney's fees be borne by the defendant.

…/…/…
Plaintiff's
Attorney Name and Surname
Signature