"How to Appeal a Forensic Medicine Institute Report?"

OBJECTION LETTER TO THE FORENSIC MEDICINE INSTITUTE REPORT

File Reference Number: … / …

… TO THE PRIMARY CIVIL COURT
OF ANKARA

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

ATTORNEY:
Attorney's Name and Surname – Address – Telephone Number

DEFENDANTS:
1- Name and Surname
2- Name and Surname

ATTORNEY:
Attorney's Name and Surname – Address – Telephone Number

SUBJECT:
Submission of our objections to the report dated … / … / … and numbered … of the 3rd Forensic Medicine Specialization Board of the Forensic Medicine Institute.

OUR OBJECTIONS:

1. Incomplete Assessment:
   The forensic medical report submitted to the file provides a superficial assessment without adequately discussing the client's claims, the witness statements in the file, and the specific characteristics of the case. There are clear contradictions between the client's medical history and the treatment process described in the report. The treatment administered to the client is inconsistent with the treatment method he himself accepted. This issue was not explored in the report; it merely provided a technical description of the treatment given.

2. Lack of Medical Care:
   The defendant failed to exercise due care and attention during the treatment administered to the client. The report disregards the defendant's clear faults and medical negligence by using abstract phrases such as "medical necessity." The report lacks satisfactory and concrete justifications for the plaintiff's claims. Therefore, a new expert report is required to address these deficiencies.

3. Postoperative Attention Deficit:
   The evidence in the case file establishes that the defendant did not show the necessary care and attention during the postoperative follow-up and treatment processes. The report lacks a comprehensive analysis of this period. The client's complaints and suffering were not taken into account in the report.

4. Patient Satisfaction Was Ignored:
   In such operations, patient satisfaction with the treatment outcome and the expected result are also evaluation factors. The client was not satisfied with the surgery performed by the defendants and did not achieve the expected result. The report makes no assessment of this issue.

5. Inadequate Report:
   The assessments in the report are limited solely to the treatment applied by the defendant; it does not clarify the extent to which the treatment aligns with the client's statements, or whether any negligence or errors occurred. Therefore, the report is incomplete, inadequate, and unfair.

CONCLUSION AND REQUEST:

For the reasons explained above;

• our objections to the report dated …/…/… and numbered … of the 3rd Forensic Medicine Specialization Board be accepted, that the file be returned to the Presidency of the Forensic Medicine Institute, and that an additional report be obtained.

• I respectfully request and demand, as the plaintiff's attorney, that a concrete and reasoned report be prepared after re-evaluating the missing and contradictory points
  

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

                                                                     YAĞMUR YORULMAZ, LAW FACULTY STUDENT