Compensation Process and Legal Rights in Malpractice (Medical Error) Cases
Entrance
Malpractice is defined as harm caused to a patient by healthcare professionals as a result of conduct or negligence that violates professional standards. Faulty medical practice is not merely an error, but also an action that can have serious legal consequences. In Turkish law, malpractice tort liability, breach of contract, and fault liability .
Malpractice lawsuits have significant consequences in terms of both monetary and non-monetary compensation claims. This article will examine in detail the legal basis of malpractice lawsuits, the conditions for filing a lawsuit, the types of compensation, and practical problems in light of Supreme Court precedents.
1. What is Malpractice?
Malpractice (medical error) is when a physician or healthcare professional causes harm to a patient by acting contrary to their professional knowledge, skills, and duty of care. The World Health Organization (WHO) defines malpractice as "an error in the performance of medical services that causes preventable harm.".
The Turkish Medical Association (TTB) also views malpractice as a broad concept encompassing situations such as misdiagnosis, incorrect treatment, surgical errors, and improper medication use.
2. Legal Basis of Malpractice Lawsuits
2.1. Turkish Code of Obligations (TBK)
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Turkish Code of Obligations, Article 49: Tort Liability.
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Turkish Code of Obligations, Articles 112 and subsequent articles: Liability arising from breach of contract.
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Turkish Code of Obligations, Article 506: Duty of care in agency agreements.
2.2. Patient Rights Regulation
It is stated that physicians and healthcare institutions must respect patient rights.
2.3. Turkish Penal Code (TCK)
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Turkish Penal Code Articles 85 and 89: Causing injury or death through negligence.
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Gross negligence or breach of the duty of care may result in criminal liability.
3. Types of Malpractice Lawsuits
3.1. Misdiagnosis and Treatment
Making a wrong diagnosis or administering the wrong treatment.
3.2. Surgical Errors
Performing surgery on the wrong area, leaving a foreign object behind during surgery.
3.3. Lack of Information
Interventions performed without obtaining the patient's informed consent.
3.4. Medication and Dosage Errors
Prescribing the wrong medication or administering the wrong dose.
4. Types of Liability in Malpractice Cases
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Physician's Liability: If a physician breaches their duty of care, they may be liable for both civil and criminal damages.
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Hospital/Private Healthcare Institution Liability: Institutions are liable for the actions of their employees of employer liability (Turkish Code of Obligations, Article 66).
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Administrative Responsibility: In public hospitals, malpractice cases are brought before administrative courts through full judicial review proceedings
5. Conditions for Filing a Malpractice Lawsuit
To be successful in a malpractice lawsuit:
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The existence of harm: There must be material or moral damage.
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Fault: Negligent conduct by a physician or healthcare professional.
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Causal link: There must be a causal connection between the fault and the damage.
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Medical standard violation: A breach of current medical practice.
6. Types of Compensation
6.1. Monetary Compensation
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Treatment and medication expenses.
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Compensation for loss of earning capacity.
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Future income loss.
6.2. Non-pecuniary damages
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The patient's pain, sadness, and psychological trauma.
7. Burden of Proof in Malpractice Cases
Although the burden of proof generally rests with the plaintiff (patient or their relatives), according to Supreme Court precedents:
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When a patient proves they have been harmed, the physician and healthcare provider may be obligated to prove they were not at fault.
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Expert reports, medical records, and expert opinions are critically important in court cases.
8. Statute of Limitations
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Turkish Code of Obligations, Article 72: Two years from the date the damage and the perpetrator are discovered, and in any case, ten years.
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In criminal cases, the statute of limitations for criminal penalties applies.
9. Malpractice Case Process
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Preliminary Review: Obtaining hospital records if there is an allegation of medical malpractice.
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Mediation Application: Mandatory for private hospitals.
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Filing a Lawsuit: The competent court is usually the Civil Court of First Instance or the Consumer Court.
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Expert Review: Medical malpractice is examined by medical experts.
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Compensation Decision: The judge makes a decision based on reports and evidence.
10. Problems in Implementation
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Contradictions between expert reports.
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The need to relax the burden of proof in favor of the patient.
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Incomplete medical records.
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Long trial periods and low compensation amounts.
Conclusion
Malpractice lawsuits are complex processes requiring both legal and medical expertise. Actions that deviate from medical standards can result in liability for both the physician and the healthcare institution. Turkish law offers the possibility of both pecuniary and non-pecuniary damages, and Supreme Court rulings consistently demonstrate a protective approach towards patient rights.
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