Introduction: Why is Health Law One of the Areas Receiving the Most Complaints in Türkiye?

In recent years, the number of complaints about private hospitals, clinics, and cosmetic centers has increased rapidly.
The main reasons for this are:

• High salary demand

• Package pricing applications

• Difference fee

• Additional invoices issued later

• Wrong treatment – ​​malpractice

• Incomplete information

• Incorrect application of the consent form

• Wage claim outside of SGK (Social Security Institution) coverage

The topics that citizens are most curious about:

• What is malpractice?

• Can the hospital charge extra?

• How is the difference in price calculated?

• Can a fee be charged to a patient covered by SGK (Social Security Institution)?

• Does the consent form bind the patient?

• How to claim compensation for medical malpractice?

• Where can I file a complaint against private hospitals?

• What is done about cosmetic defects?

This article explains the most critical areas of health law from a professional perspective.

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I. What is Malpractice (Medical Misconduct)?

Malpractice is when a patient suffers harm as a result of a physician acting contrary to professional standards.

Malpractice classification:

1. Application error

2. Diagnostic error

3. Treatment error

4. Lack of information

5. Neglect

Physicians must act "in accordance with the current rules of medical science.".

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II. How is proof established in a malpractice lawsuit?

In malpractice cases, the most critical element is the expert report.

Evidence:

• Hospital records

• Surgical notes

• Laboratory results

• X-ray – MRI

• Camera recordings

• Witness statements

• Missing information documents

Expert panel:

• Forensic medicine

• Doctors

• Health law experts

It evaluates the parties in detail.

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III. Pricing in Private Hospitals – The Most Frequently Complained About Issue

Even if private hospitals have an agreement with the Social Security Institution (SGK), an additional fee . However, this fee is:

➡ It cannot exceed the limits determined by the SUT (Health Application Regulation)

According to SUT (Healthcare Services Pricing Regulation), private hospitals are:

• Peak

• Examination

• Assay

• Viewing

They can add a maximum of 200% to their fees .

The most complained about apps:

• Hidden difference fee

• Separate invoice from the cash register

• Additional costs incurred later

• Requesting money in the emergency room

• Newborn care fee

• The difference in surgery

• Room difference

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IV. No Fees Can Be Charged in the Emergency Room (Legal Regulation)

According to Law No. 1219 and the regulations of the Ministry of Health:

📌 Private hospitals cannot charge fees in emergency situations.
(Traffic accidents, sudden illness, emergency childbirth, etc.)

Charging starts once the patient has stabilized.

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V. Consent Form – The Document That Most Often Misleads Patients

Private hospitals obtain informed consent before surgery .

For the consent form to be considered valid:

1. The patient should be informed of each risk individually

2. Alternative treatments should be mentioned

3. The expected result should be announced

4. The patient should get answers to all their questions

Simply having the form signed is not enough.

Supreme Court:
"Consent forms signed without prior notification are invalid."

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VI. Overcharging Patients Covered by Social Security Institution – Legal Process

If the hospital charged more than the SUT (Social Security Institution's Tariff):

• Complaint filed with the Provincial Health Directorate

• Complaint to SGK (Social Security Institution)

• Consumer Arbitration Board

• Consumer Court

The roads are open.

When hospitals violate SUT (Healthcare Services Pricing Regulation):

➡ An administrative fine will be imposed + the money will be refunded.

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VII. Cosmetic Surgery – The Riskiest Area

In cosmetic surgeries:

• Breast aesthetics

• Nose surgery

• Tummy tuck

• Liposuction

• Fillers-Botox

Most lawsuits are filed in this area following procedures like these.

Errors made by estheticians can be considered malpractice.

Cosmetic procedures performed in non-medical settings:

➡ Turkish Penal Code Article 187 (substance hazardous to health)
➡ Non-professional practice
➡ Intentional injury

This constitutes a crime.

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VIII. Newborn Fees in Private Hospitals – Recent Cases

In the neonatal intensive care and observation area:

• "Package price"

• "Further examination"

• "Childcare fee"

• "Invoice separation"

Such practices are observed.

According to SGK (Social Security Institution):

➡ No separate fee can be charged for the child in connection with the birth procedure opened for the mother

For this reason, many families are applying to the Social Security Institution (SGK) and the Provincial Health Directorate.

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IX. Legal Responsibility of Hospitals

Private hospitals:

• From the doctor's mistake

• From incomplete treatment

• From an incorrect test result

• Due to lack of lighting

• From the demand for excessive fees

He/She is fully responsible.

This liability is considered a "service defect".

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X. Malpractice Compensation – How is it Calculated?

Types of compensation:

Monetary compensation:

• Treatment costs

• Loss of working capacity

• Babysitter expenses

• Transportation – Accommodation

• Future losses

Moral damages:

• The pain and suffering experienced

• Aesthetic disorder

• organ loss

• Birth trauma

The Supreme Court interprets compensation for non-pecuniary damages broadly in malpractice cases.

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XI. To Which Institutions Can Hospitals Be Complained About?

1. Provincial Health Directorate

It's the fastest way to get results.

2. SGK Audit Units

Regarding the irregular difference in fees and invoice.

3. CIMER

Applications are forwarded to the relevant institution.

4. Consumer Arbitration Board / Court

For a refund.

5. Public Prosecutor's Office

If there is suspicion of malpractice.

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XII. The Most Common Mistakes (From the Patients' Perspective)

• Leaving the hospital without obtaining all the documents

• Signing the consent form without reading it

• Not asking about fee items

• Not knowing the SUT limits

• Remaining silent about excessive wage demands

Conclusion

Health law is a very sensitive area where patients can suffer significant financial and emotional harm.
Pricing, malpractice, faulty cosmetic procedures, and misinformation in private hospitals must be handled professionally.

With the right documents, the right expert opinion, and the right legal strategy, a person can obtain all their rights.