The Crime of Violence Against Healthcare Workers and its Legal Consequences

What is violence against healthcare workers?

Violence against healthcare workers refers to physical, verbal, psychological, or physical attacks perpetrated against doctors, nurses, midwives, paramedics, emergency medical technicians, paramedics, caregivers, security guards, secretaries, auxiliary health personnel, or any other staff member involved in the delivery of healthcare services in public or private healthcare institutions, during or because of their duties.

In practice, violence against healthcare workers can manifest as assault, pushing, punching, kicking, threatening, cursing, insulting, shouting, obstructing the performance of duties, disrupting the order of the clinic or emergency room, damaging medical equipment, stalking healthcare workers, targeting them on social media, or preventing the provision of healthcare services.

Violence in healthcare is not merely an individual attack concerning the victimized healthcare worker. It is also a serious legal problem that directly affects the safe and uninterrupted provision of healthcare services, access to treatment for other patients, and public order. Therefore, Turkish law includes special penalties, special investigative procedures, and harsher consequences regarding arrest for certain crimes committed against healthcare workers.

What are the crimes committed against healthcare workers?

The most common crimes in cases of violence against healthcare workers are intentional injury, threats, insults , and resistance to performing duties . Article 12 of the Additional Provisions to the Basic Law on Healthcare Services No. 3359 stipulates that in cases of intentional injury (Article 86), threats (Article 106), insults (Article 125), and resistance to performing duties (Article 265) committed against healthcare and auxiliary healthcare personnel working in public or private healthcare institutions due to their duties, the penalties will be increased by half, and the provisions for suspended imprisonment under Article 51 of the Turkish Penal Code will not apply.

This regulation shows that violence against healthcare workers should not be treated as a casual argument or a simple legal case. Attacks that occur during or because of their duties carry more severe consequences under criminal law, especially since the victim is a healthcare worker.

The important thing here is that the attack is related to the healthcare worker's job. For example, an attack on a doctor in the emergency room due to a waiting list for treatment, a patient's relative insulting a nurse, a healthcare worker being threatened during ambulance services, or a doctor being targeted after making a medical decision can all be considered violence in healthcare.

Is there a distinction between public and private sector healthcare workers?

In terms of violence against healthcare professionals, it is not only public employees working in state hospitals who are protected. Personnel working in private hospitals, private medical centers, private polyclinics, and other private healthcare institutions are also considered public officials under the Turkish Penal Code with regard to crimes committed against them in connection with their duties. Article 12 of the Annex to Law No. 3359 explicitly stipulates that personnel working in private healthcare institutions and organizations shall be considered public officials under the Turkish Penal Code with regard to crimes committed against them in connection with their duties.

This regulation is extremely important because crimes such as insult, threat, injury, or resistance to performing duties committed against doctors, nurses, or healthcare personnel in private hospitals due to their duties are also evaluated within the scope of violence in healthcare provisions. Therefore, the perpetrator's defense that "a private hospital employee is not a public official" does not always have legal consequences with regard to crimes related to their duties.

For example, the provisions regarding violence against healthcare workers may come into play if a patient's relative, dissatisfied with a surgery decision, attacks a doctor in a private hospital, if a nurse is insulted in a private clinic, or if healthcare personnel working in the emergency room of a private hospital are threatened.

Crime of Intentionally Causing Injury to a Healthcare Worker

One of the most serious types of violence against healthcare workers is intentional bodily harm. According to Article 86 of the Turkish Penal Code, anyone who intentionally causes pain to another person's body or causes impairment of their health or sensory abilities shall be punished with imprisonment. With the 2025 amendment, the basic penalty for intentional bodily harm in Article 86/1 of the Turkish Penal Code has been set as imprisonment for a period of one year and six months to three years.

Injuring a healthcare worker by punching them, pushing them to the ground, strangling them, injuring them with a sharp object, throwing medical equipment or chairs at them, causing pain through physical contact, or causing harm to their mental and physical integrity while on duty may constitute the crime of intentional bodily harm. Whether the injury can be treated with simple medical intervention, and whether there is a bone fracture, permanent facial scarring, loss of organ function, or life-threatening condition, are important factors in determining the punishment.

The crime of intentional bodily harm committed against a healthcare worker during or because of their duty is also significant under Article 12 of the Additional Provisions of Law No. 3359. The penalty for this crime is increased by half, and provisions for suspended imprisonment do not apply. Furthermore, the crime of intentional bodily harm committed against personnel working in healthcare institutions during or because of their duties is considered among the catalog of offenses that warrant arrest under Article 100/3 of the Code of Criminal Procedure.

However, it is important to note that being included in the catalog of offenses does not automatically mean that an arrest warrant will be issued in every case. Arrest warrants are still determined by concrete conditions such as strong suspicion of guilt, the likelihood of escape, or the possibility of tampering with evidence. However, the legislator has classified the crime of intentional bodily harm committed against a healthcare worker in the course of their duty as one of the offenses requiring a more severe assessment for arrest.

Crime of Insulting a Healthcare Worker

One of the most common types of violence against healthcare professionals is insult. Insult is carried out through words, actions, or accusations that can offend a person's honor, dignity, and reputation. Unlike threatening statements such as "Are you a doctor?" or "I'll ruin you," insults are defined as profanities, derogatory expressions, and abusive language that directly target honor and dignity.

According to Article 125 of the Turkish Penal Code, if the crime of insult is committed against a public official due to their duties, the minimum sentence cannot be less than one year. Considering that personnel working in private healthcare institutions are considered public officials with regard to crimes related to their duties, insulting a private hospital employee due to their duties may have more severe consequences. Furthermore, according to Article 12 of the Additional Provisions of Law No. 3359, the penalty for insults committed against healthcare personnel and auxiliary healthcare personnel due to their duties is increased by half.

For example, criminal investigations may be initiated if a doctor is insulted in the emergency room, a nurse is subjected to derogatory remarks by a patient's relative, a healthcare worker is targeted on social media because of their professional duties, or staff working in the patient registration unit are insulted.

In defamation cases, important evidence includes camera footage, audio recordings, witness statements, incident reports, White Code (emergency code) reports, hospital security reports, messages, social media posts, and internal reports prepared immediately after the incident.

Crime of Threatening a Healthcare Worker

The crime of threat is when the perpetrator makes a frightening statement to the victim or their relative, indicating that they will carry out an unjustified attack. Statements such as "I'll kill you," "We'll see each other outside," "I'll find your family," "You won't get out of here alive," or "I'll make your life miserable" directed at a healthcare worker may constitute the crime of threat, depending on the specific circumstances.

Article 106 of the Turkish Penal Code regulates the crime of threat. If the crime of threat is committed against healthcare personnel or auxiliary healthcare personnel due to their duties, the penalty to be determined according to the relevant article shall be increased by half, in accordance with Article 12 of the Additional Provisions of Law No. 3359.

In the crime of threatening, it is not necessary for the perpetrator to have actually carried out the attack. What is important is that the words or actions spoken are likely to create significant fear in the victim. The crime becomes more serious, especially when the threat is made with the intention of preventing a healthcare professional from performing their duties, forcing them to change their medical decision, or obtaining an unfair procedure in favor of a patient's relative.

If the threat is made with a weapon, by multiple individuals, through an unsigned letter, with special signs, or by utilizing the power of an organization, the aggravating circumstances under Article 106 of the Turkish Penal Code are also evaluated. Threats against healthcare workers can often be discussed in conjunction with the crime of resisting arrest to prevent the performance of duty.

The Crime of Resisting to Prevent the Performance of Duty

The crime of resisting the performance of duty is the use of force or threat against a public official with the aim of preventing them from performing their duties. According to Article 265 of the Turkish Penal Code, a person who uses force or threat against a public official with the aim of preventing them from performing their duties is punishable by imprisonment. Supreme Court rulings also emphasize that for this crime to occur, the force or threat must be capable of preventing or hindering the public official from performing their duties.

For healthcare professionals, this crime particularly arises in emergency rooms, outpatient clinics, intensive care units, ambulance services, and patient admission processes. For example, attempting to force a doctor to write a report, preventing a nurse from providing treatment through threats or coercion, attempting to forcibly change the order of medical priority in the emergency room, preventing an ambulance crew from intervening at the scene, or attempting to force a healthcare worker to perform a procedure can constitute the crime of resisting arrest.

Article 12 of the Additional Provisions of Law No. 3359 stipulates that in cases of resistance to performing duties committed against healthcare personnel and auxiliary healthcare personnel due to their duties, the penalty shall be increased by half, and provisions for the suspension of imprisonment shall not apply.

What is Code White?

The White Code is a system established to report incidents of violence against healthcare workers, provide security support to the scene, document the incident, follow up with the referral to judicial authorities, and take preventive measures at the institutional level. According to Ministry of Health sources, the White Code is an emergency management tool used to prevent violence against healthcare workers, and healthcare workers can report incidents of violence via the 24-hour service number 113 or the White Code online notification form

A White Code notification does not replace a criminal investigation; however, it is extremely important for documenting the incident, preserving evidence, informing institutional management, notifying the legal department, and providing support to the affected healthcare worker.

In some hospital settings, different internal numbers may also be used for in-house White Code activation. For example, some sources state that healthcare workers can report a White Code incident 1111 , and can also inform the Ministry via the 113 White Code hotline or an online notification form.

What should a healthcare worker do if they are subjected to violence?

When a healthcare worker is subjected to violence, their safety should be ensured first. If the incident continues, security personnel and law enforcement should be called. Then, a "White Code" alert should be issued, an incident report should be prepared, witness names should be identified, security camera footage should be preserved, and if there are any physical injuries, a medical report documenting the assault should be obtained immediately.

Healthcare workers can file a complaint personally with law enforcement or the Public Prosecutor's Office. However, in cases of violence against healthcare workers, the institution must also report the incident to the judicial authorities. Sources within the Ministry of Health state that regardless of whether a healthcare worker files a complaint, the incident of violence must be reported to both the judicial authorities and the institution's legal department.

According to Article 12 of the Additional Provisions of Law No. 3359, suspects of intentionally committing crimes against personnel working in health institutions and organizations due to their duties are apprehended by law enforcement, the necessary procedures are carried out, and they are referred to the Public Prosecutor's Office. The same regulation also states that the statements of health personnel who are complainants, victims, or witnesses in the investigation will be taken by law enforcement at their workplaces.

This provision is important because it allows the victimized healthcare worker to have their statement taken at their workplace without having to go to the police station, thus ensuring that healthcare services are not disrupted and the victim is not subjected to further trauma.

Should the perpetrator continue to receive services from the same healthcare professional?

In cases of violence against healthcare professionals, it cannot be expected that the victimized healthcare worker will continue to provide services to the same person. According to Article 12 of the Additional Provisions of Law No. 3359, if there is another healthcare professional or auxiliary healthcare professional at the healthcare institution where the violence occurred who can provide the service to the perpetrator or their relative, the service shall be provided by that other personnel.

This regulation aims to prevent the victimized healthcare worker from coming face-to-face with the perpetrator again. However, this provision does not mean that the patient is completely deprived of healthcare services. If there is other personnel in the institution who can provide the service, the treatment will be carried out by that personnel. In this way, both the safety of the healthcare worker and the patient's access to healthcare services are balanced.

Is a complaint necessary?

In crimes committed against healthcare professionals, the issue of filing a complaint varies depending on the type of crime. However, in crimes such as insult, threat, intentional injury, or resistance to prevent a healthcare professional from performing their duties, the public order aspect is strong. Especially in cases like insulting a public official because of their duties, the investigation may not be dependent on a complaint.

Nevertheless, it is important in practice for the victimized healthcare worker to file a complaint, request the collection of evidence, describe the details of the incident, and request to participate in the case. The healthcare worker should not simply say "I issued a White Code" and leave the process; they should follow up with the prosecutor's file, the hospital's legal department notification, the assault report, the camera recordings, and the witnesses.

Healthcare Workers' Right to Compensation

Violence against healthcare workers is not only a matter for criminal prosecution; it can also give rise to liability for damages. If a healthcare worker has been physically assaulted, they can claim compensation for medical expenses, medication costs, disability benefits, lost income, psychological treatment expenses, and other financial losses.

Compensation for moral damages is claimed by healthcare workers due to the fear, distress, loss of professional reputation, impaired work motivation, psychological trauma, public humiliation, loss of trust, and violation of physical integrity they have experienced.

For example, a doctor who is assaulted by a patient's relative in the emergency room can both participate in the criminal investigation as a victim and file a lawsuit for material and moral damages against the attacker. Even in cases of insult or threat, moral damages can be claimed even if there is no physical harm. This is because the right of healthcare professionals to perform their profession safely and their personal rights must be protected.

How should evidence be collected?

In cases of violence against healthcare professionals, the evidence gathering process must be carried out quickly. This is because camera recordings can be deleted, witnesses may forget, and signs of injury may disappear over time. Therefore, a medical report documenting the assault should be obtained immediately after the incident, an incident report should be prepared, a written request should be made for the preservation of camera recordings, a "White Code" record should be created, and witness names should be identified.

The following are important pieces of evidence: White Code alert, hospital incident report, security guard report, camera footage, assault/battery report, emergency room examination record, photographs, messages, social media posts, patient records, witness statements, police report, prosecutor's office statement records, and correspondence from the institution's legal department.

If a healthcare worker has been insulted or threatened on social media, a screenshot should be taken, the link to the post should be saved, and if possible, documented with a notary or URL information. It should be remembered that digital evidence can be quickly deleted.

Healthcare Institution Responsibility and Employee Safety

Healthcare institutions are obligated not only to provide services to patients but also to ensure a safe working environment for their employees. The White Code system, employee rights and safety units, security personnel, camera systems, risk analysis, emergency response plans, post-violence psychosocial support, and legal assistance are all parts of this obligation.

According to Ministry of Health sources, the duties of employee rights and safety units include accepting employee complaints, requests, and suggestions, reporting applications, initiating preventive activities, following up on White Code notifications, submitting reports to the chief physician, and providing psychosocial support to healthcare workers who have experienced violence, upon request.

If a healthcare institution, despite knowing about the risks beforehand, failed to take precautions, created a security lapse, did not retain camera footage, did not implement the White Code procedure, or exposed an employee to the perpetrator again, the institution's administrative and legal responsibility can be further discussed.

Reconciliation and Postponement in Healthcare Violence Cases

In cases of violence against healthcare professionals, the same procedure is not applied to every crime. However, Article 12 of the Additional Provisions of Law No. 3359 explicitly stipulates that in cases of intentional injury, threats, insults, and resistance to performing duties committed against healthcare and auxiliary healthcare personnel due to their duties, the penalties to be determined according to the relevant articles will be increased by half, and the provisions for the suspension of imprisonment under Article 51 of the Turkish Penal Code will not be applied.

Therefore, cases of violence in healthcare should not be treated as ordinary criminal cases from the perpetrator's perspective. In particular, the crime of intentional bodily harm committed against personnel working in healthcare institutions during or because of their duties is among the catalog of offenses warranting arrest, and the investigation and prosecution process may have more serious consequences.

Conclusion: Violence against healthcare workers has serious legal consequences

Violence against healthcare workers is not merely an individual attack directed at the victimized healthcare professional. It is also a serious public order issue that hinders the regular, safe, and uninterrupted provision of healthcare services and affects the right to treatment of other patients. Therefore, Turkish law includes specific sanctions for intentional injury, threats, insults, and resistance to performing duties committed against healthcare workers in the performance of their duties.

According to Article 12 of the Additional Provisions of Law No. 3359, penalties for these crimes committed against healthcare personnel and auxiliary healthcare personnel working in public or private healthcare institutions due to their duties are increased by half, and provisions for the suspension of imprisonment do not apply. Furthermore, the crime of intentional bodily harm committed against personnel working in healthcare institutions during or because of their duties is among the catalog of crimes that warrant arrest.

Healthcare workers who have been subjected to violence should immediately file a "White Code" report, obtain a medical report documenting the assault, have an incident report drawn up, request the preservation of security camera footage, identify witnesses, and pursue legal action. In addition to criminal proceedings, it is also possible to file a compensation claim against the assailant for the material and moral damages suffered.

The most important aspect of combating violence in healthcare is documenting the incident and ensuring the effective conduct of the legal process. A healthcare worker's duty is to treat patients; forcing them to work under threat, insult, or physical assault is unacceptable. Therefore, every incident of violence against a healthcare worker must be addressed from the perspectives of criminal law, compensation law, employee safety, and the protection of healthcare services.