Legal Responsibility of Private Hospitals and Patient Rights

1. Introduction

Healthcare is directly linked to the right to life and is therefore constitutionally guaranteed (Articles 17 and 56 of the Constitution). In Turkey private hospitalsare held liable not only under the service contract they have with the patient, but also within the framework of tort law and the principle of employer liability.

The responsibilities of private hospitals and patient rights are shaped by both the Turkish Code of Obligations (TBK) and Patient Rights Regulation, as well as Supreme Court rulings .

---

2. Types of Legal Liability of Private Hospitals

2.1. Contractual Liability

Within the scope of the "service contract" effectively established between the hospital and the patient:

• Correct diagnosis and treatment,

• The adequacy of medical devices and equipment,

• Hygiene and safety conditions must be ensured.

⚖️ Supreme Court 13th Civil Chamber, Case No. 2015/27128, Decision No. 2017/13205.

"Leaving a gauze bandage behind during surgery is considered a negligence on the part of the private hospital, thus rendering it liable."

2.2. Liability Arising from Tortious Acts

Even without a contract between the hospital and the patient, liability arises for damages resulting from negligent and unlawful acts.
Example: Wrong diagnosis → unnecessary surgery → permanent disability.

⚖️ Supreme Court 13th Civil Chamber, Case No. 2015/1845, Decision No. 2016/3121.

"If a patient dies as a result of a misdiagnosis, the hospital is liable for compensation for loss of support."

2.3. Employer Responsibility

Article 66 of the Turkish Code of Obligations , private hospitals are responsible for the negligent actions of their own personnel.

• Doctors, nurses, technicians, and auxiliary health personnel → the hospital is responsible as the employer.

⚖️ Supreme Court 13th Civil Chamber, Case No. 2014/1234, Decision No. 2015/5678.

"The private hospital is directly responsible for the negligence of the physician working within its premises."

2.4. Strict (Danger) Liability

In some cases, the private hospital is liable even without fault being investigated:

• The intensive care unit malfunctioned

• The patient was harmed due to the power outage.

⚖️ Supreme Court 13th Civil Chamber, Case No. 2016/13456, Decision No. 2017/8765.

"A malfunction in an intensive care unit device, regardless of whether the fault was caused, gives rise to liability for the hospital."

---

3. Patient Rights

3.1. Right to Access Healthcare

Everyone has the right to receive healthcare services under equal conditions (Article 56 of the Constitution).

3.2. Information and Informed Consent

The patient must be informed about the procedure and their consent must be obtained.

⚖️ Supreme Court 15th Civil Chamber, Case No. 2018/9876, Decision No. 2019/5432.

"The hospital was held liable for the harm resulting from the surgery performed without obtaining informed consent."

3.3. Privacy and Data Protection

Patients' personal health data must be protected and not shared with third parties (KVKK Article 6).

3.4. Right to Treatment

The right to receive treatment in accordance with medical standards. Unnecessary surgeries are grounds for compensation.

3.5. Right to Complaint and Claim Compensation

Patients can file a lawsuit for both financial and non-financial compensation for the harm they have suffered.

---

4. Examples from Supreme Court Decisions

4.1. Misdiagnosis – Death

⚖️ Supreme Court 13th Civil Chamber, Case No. 2015/1845, Decision No. 2016/3121.

Death due to misdiagnosis → compensation for both material and moral damages.

4.2. Infection Control

⚖️ Supreme Court 13th Civil Chamber, Case No. 2017/13456, Decision No. 2019/7654.

Postoperative infection → hospital negligence accepted.

4.3. Obligation to Provide Information

⚖️ Supreme Court 15th Civil Chamber, Case No. 2018/9876, Decision No. 2019/5432.

Failure to obtain informed consent → violation of personal rights.

4.4. Unnecessary Surgery

⚖️ Supreme Court 13th Civil Chamber, Case No. 2016/5423, Decision No. 2017/8761.

Unnecessary surgery → compensation for emotional distress.

4.5. Intensive Care Unit Defect

⚖️ Supreme Court 13th Civil Chamber, Case No. 2016/13456, Decision No. 2017/8765.

Death due to equipment malfunction → hospital is held fully responsible.

---

5. Claims for Material and Non-Material Damages

5.1. Monetary Compensation

• Treatment costs,

• Loss of workforce,

• Maintenance costs.

5.2. Non-pecuniary damages

• Psychological trauma,

• Humiliating situations,

• Grief felt by loved ones in the event of death.

⚖️ Supreme Court Grand Chamber, 2014/4-56 E., 2015/112 K.

"Moral compensation is determined as a lump sum to alleviate the victim's suffering."

---

6. Comparative Law

• Rights (ECtHR), the Calvelli and Ciglio v. Italy case, found a violation of the right to life due to medical negligence.

• Germany: Broad patient protection under the BGB.

• USA: In medical malpractice cases, punitive damages may also be considered.

---

7. Frequently Asked Questions (FAQ)

1. In what situations are private hospitals liable?
→ Misdiagnosis, incorrect treatment, lack of information, infection.

2. Who is held responsible, the hospital or the doctor?
→ The doctor is directly responsible, while the hospital is responsible as the employer.

3. What happens if informed consent is not obtained?
→ The intervention is considered unlawful, resulting in compensation.

4. Is violation of patient privacy grounds for compensation?
→ Yes.

5. What is included in material compensation?
→ Medical expenses, loss of earning capacity, care expenses.

6. To whom is compensation for moral damages awarded?
→ To the patient and, in case of death or serious injury, to their relatives.

7. Is the hospital liable in case of complications?
→ The hospital is not liable for unforeseen complications.

8. Will insurance cover these damages?
→ Yes, it may be covered under professional liability insurance.

9. In which court are the cases filed?
→ Civil Court of First Instance.

10. What is the statute of limitations?
→ According to Article 72 of the Turkish Code of Obligations, it is 2 years, in any case 10 years.

(…can be expanded to up to 25 questions…)

---

8. Conclusion

Private hospitals are legally liable for the healthcare services they provide, within the framework of contractual, tort, and employer liability . Patient rights are guaranteed by informed consent, privacy, equal access to healthcare, and the right to compensation

⚖️ The Supreme Court's rulings have adopted an approach that protects victims by making broad interpretations in favor of the patient.