What is a Malpractice Lawsuit? A Claim for Compensation Due to Medical Error

What is a Malpractice Lawsuit?

Malpractice lawsuits, in their most general sense, are compensation lawsuits filed when a patient suffers harm due to the failure of a doctor, dentist, nurse, midwife, hospital staff, or other healthcare professional to exercise due care and diligence during a medical procedure. They are also commonly known as "medical error lawsuits," "false surgery lawsuits," or "compensation lawsuits due to wrong treatment.".

Medical malpractice does not encompass every undesirable treatment outcome. A patient's failure to achieve the desired result from treatment alone does not automatically mean the doctor is at fault. What is legally important is whether the healthcare service is provided in accordance with current rules accepted by medical science, professional standards, patient rights, and the duty of care. The Patient Rights Regulation covers all public and private institutions and organizations providing healthcare services, those involved in or outside these institutions, and individuals benefiting from healthcare services. The aim of the regulation is to ensure that individuals receiving healthcare services benefit from patient rights in a manner consistent with human dignity and that they can utilize legal means of protection against violations of these rights.

Therefore, when evaluating a malpractice case, the question is not simply "did the outcome turn out badly?" The real question is: Did the doctor or healthcare institution fulfill their responsibilities in the stages of diagnosis, treatment, surgery, follow-up, information dissemination, record keeping, and complication management?

In what situations is a doctor's mistake considered malpractice?

The scope of situations in which a compensation claim can be filed due to medical malpractice is quite broad. The most common examples of malpractice in practice are as follows:

Misdiagnosis, delayed diagnosis, failure to perform necessary tests, misinterpretation of test results, administration of incorrect medication, incorrect dosage, technical errors during surgery, neglect of postoperative follow-up, insufficient patient information, intervention without informed consent, harm to mother or baby during childbirth, faulty dental procedures, failure to achieve the promised result in cosmetic surgery, inadequate management of hospital-acquired infection risks, and delays in emergency intervention can all be grounds for malpractice claims.

However, each case must be evaluated individually. For example, scarring after surgery is not always due to medical error. Some scars, swelling, infections, bleeding, or loss of function may be known risks of the procedure. But the doctor or hospital is not automatically absolved of responsibility simply because the risk is known. The patient must be informed of the risk beforehand, their explicit and informed consent must be obtained, necessary interventions must be performed promptly when the risk arises, and the entire process must be recorded in accordance with medical records.

The Difference Between Malpractice and Complication

One of the most important distinctions in malpractice cases is the difference between "complication" and "medical malpractice." A complication refers to foreseeable or unavoidable risks that may arise even if the medical intervention is performed according to medical standards. Malpractice, on the other hand, is when harm occurs due to a doctor's or healthcare professional's failure to exercise due care and attention, deviation from standard medical practice, or failure to adequately inform the patient.

Academic assessments based on Supreme Court precedents also accept that physicians cannot be held responsible for complications arising from the correct and complete application of medical standards; however, medical malpractice comes into play if the medical standard applied falls short of the specific circumstances of the case.

The critical point here is not just the occurrence of a complication, but how it is managed. When a foreseeable complication occurs during surgery or treatment, the doctor must recognize it, monitor the patient, take necessary action, and refer the patient to another specialty if needed. Failure to do so could transform a situation initially considered a complication into a liability for malpractice.

For example, the development of an infection after surgery can be considered a complication in some cases. However, if necessary tests are not performed, antibiotic treatment is not prescribed, the patient is not called for follow-up, or the condition worsens despite clear signs of infection, then a discussion of negligence in complication management arises.

What is the basis of a doctor's legal responsibility?

The legal relationship between a doctor and a patient is, in most cases, a contract of agency. In a contract of agency, the doctor is obligated to act diligently towards the patient, using their professional knowledge and experience, rather than guaranteeing a specific outcome. The Turkish Code of Obligations contains the fundamental provisions regarding agency contracts and liability arising from debt relationships. Information on the entry into force of the Turkish Code of Obligations and the text of the law can be found in the sources of the Turkish Grand National Assembly.

A doctor's responsibility is not limited to administering treatment. It also includes providing accurate information to the patient, using appropriate diagnostic methods, obtaining patient consent, monitoring the treatment process, maintaining necessary records, and warning the patient about risks.

The relationship between a private hospital and a patient can, in most cases, be considered a consumer transaction. Current sources regarding the Consumer Protection Law No. 6502 and its secondary legislation are published by the Ministry of Trade. Therefore, in lawsuits filed against private hospitals, the competent court is often the consumer court. However, whether the lawsuit will be directed solely at the doctor, the hospital, the insurance company, or multiple parties must be determined separately according to the specific circumstances of the case.

In cases of medical malpractice occurring in state hospitals, the rule is that the administration is at fault for negligence. In such situations, instead of filing a compensation lawsuit directly against the doctor in the judicial system, it may be necessary to apply to the administration and then file a full judicial review lawsuit in the administrative court. Article 13 of the Administrative Procedure Law stipulates that individuals whose rights have been violated by administrative actions must apply to the relevant administration within one year of learning of the action and in any case within five years of the date of the action, before filing a lawsuit.

The Difference Between Private and Public Hospital Malpractice Cases

One of the most important distinctions in malpractice cases is whether the incident occurred in a private or public hospital.

In cases of medical malpractice occurring in private hospitals, patients may file claims for compensation against the doctor, the hospital, the healthcare institution, and in some cases, the insurance company. Private hospitals are responsible for the organization of healthcare services offered within their facilities, the selection of personnel, the adequacy of equipment, the record-keeping system, and the safe delivery of services. Therefore, not only the surgeon but also the healthcare institution may be held liable.

In cases of errors occurring in state hospitals, administrative negligence comes into play. For example, if a patient suffers harm due to delays in emergency intervention, incorrect referrals, incomplete examinations, poor organization of healthcare services, staff shortages, or lack of follow-up in a public hospital, a full judicial lawsuit may be filed against the administration. In these lawsuits, the defendant may need to be directly the Ministry of Health or the relevant public institution.

This distinction is extremely important. Filing a lawsuit in the wrong court, targeting the wrong party, or missing the deadline to appeal to the administration can lead to serious loss of rights. Therefore, before filing a compensation claim for medical malpractice, the location of the incident, who provided the healthcare service, and the connection between the harm and the medical intervention should be carefully examined.

Informed Consent and Patient Education

One of the most debated issues in malpractice cases is informed consent. Informed consent means that the patient is adequately informed about the medical procedure to be performed and, following this information, freely consents to the procedure.

The patient should not be content with merely knowing the name of the surgery. The purpose of the procedure, the method, the probability of success, alternative treatment options, possible risks, complications, the recovery process, and the consequences of refusing treatment must be explained to the patient in an understandable way. Informed consent is even more important, especially in cosmetic surgeries, dental implants, childbirth, orthopedic surgeries, cancer treatments, cardiovascular interventions, and risky surgical procedures.

Simply having the patient sign a general, printed, and non-patient-specific consent form may not always be sufficient. Whether the patient has been truly informed, the content of the form, whether the specific risks of the procedure are written down, whether the patient has been given the opportunity to think it over, and who provided the information are all important factors.

Medical intervention performed without informed consent may be considered unlawful, even if the procedure is technically performed in accordance with medical standards. This is because the patient has the right to make decisions about their own body. Therefore, in malpractice cases, not only the technical success of the surgery but also whether the obligation to provide information was fulfilled is investigated.

Malpractice Lawsuits in Cosmetic Surgery

Cosmetic surgeries hold a special place in malpractice lawsuits. In procedures such as rhinoplasty, breast augmentation, liposuction, abdominoplasty, facelift, hair transplantation, dental aesthetics, and similar interventions, patients often consult doctors not out of necessity for treatment, but to achieve a better appearance.

The Supreme Court of Turkey accepts that in some aesthetic procedures, the relationship between doctor and patient can be considered a contract for services. For example, in a decision by the 15th Civil Chamber of the Supreme Court, it was stated that in aesthetic procedures such as rhinoplasty, facelift, and liposuction, achieving a pleasing appearance in accordance with the agreed purpose constitutes a contract for services. The decision emphasized that it is necessary to investigate not only whether the physician acted in accordance with medical rules, but also whether the patient's aesthetic expectations were met, whether the patient was informed about complications, and whether the management of complications was carried out correctly.

Therefore, the doctor's responsibility in cosmetic surgery can be evaluated differently. If the patient has applied for a specific aesthetic result, the doctor's promises, before-and-after images, advertisements and promotions, pre-operative consultations, contracts, and consent forms can serve as evidence.

However, this does not mean that every dissatisfaction in cosmetic surgery automatically entitles the patient to compensation. In cosmetic surgery, complications, individual anatomical structure, differences in healing, and whether the patient followed post-operative instructions are all evaluated. Nevertheless, expectations, results, and information provided are examined more carefully in cosmetic surgery.

What types of compensation can be claimed in a malpractice lawsuit?

A patient who has suffered harm due to medical malpractice can claim both material and moral compensation. Material compensation aims to cover tangible damages to the patient's assets. Treatment costs, medication costs, costs of further surgery, hospital expenses, transportation costs, caregiver costs, loss of earning capacity, temporary disability damages, permanent disability damages, loss of income, and damages arising from the disruption of economic future can all be claimed as material compensation.

Compensation for moral damages is claimed due to the pain, suffering, distress, psychological trauma, impairment of bodily integrity, impact on social life, and reduction in quality of life experienced by the patient. Claims for moral damages become particularly important in cases of permanent disability, significant scarring on the face or body, organ loss, harm to the baby during childbirth, death, cosmetic disfigurement, loss of sexual function, or situations requiring long-term treatment.

If the patient has passed away, their relatives can claim compensation for loss of support and moral damages. The deceased's spouse, children, parents, and other individuals with whom they had a support relationship can file a compensation claim, depending on the specific circumstances of the case.

How to Provide Proof in a Malpractice Case?

Because malpractice lawsuits require technical knowledge, the process of proving the cause is crucial. The patient or their family must demonstrate that harm occurred, that this harm is related to the medical intervention, and that the healthcare service was provided negligently. However, since medical records are often held by the hospital and the doctor, it is essential to obtain these records in their entirety.

Patient files, surgical notes, discharge summaries, laboratory results, imaging records, prescriptions, consent forms, consultation notes, nurse observation forms, intensive care unit records, patient admission and discharge documents, invoices and payment documents, text messages, doctor's interviews, and second physician reports can be used as evidence.

Expert examination is usually conducted during the litigation process. The expert report is decisive in determining whether the doctor acted in accordance with medical rules, whether the complication was foreseeable, whether informed consent was sufficient, and whether there is a causal link between the harm and the medical intervention. The Code of Civil Procedure grants the parties the opportunity to request that any deficiencies be rectified, ambiguities clarified, or a new expert appointed within two weeks of the report's notification, in order to object to the expert report.

Therefore, when an expert report is received in malpractice cases, it must be carefully examined. If the report is inadequate, contradictory, superficial, or prepared outside the scope of expertise, it should be challenged. In particular, a report from a panel of academic experts in the relevant field may be requested.

What should be done before filing a malpractice lawsuit?

In cases where medical malpractice is suspected, evidence must be gathered before hastily filing a lawsuit. The first step is to obtain all hospital records. The patient has the right to request their own medical file. The hospital cannot unfairly deny the patient access to their medical records.

Secondly, a preliminary medical and legal assessment of the incident should be conducted. Not every adverse outcome warrants a lawsuit. However, in some cases, the patient may not realize that the harm they suffered was due to medical malpractice. Therefore, the case file should be examined along with medical records, surgical notes, consent forms, examinations, and the subsequent treatment process.

Thirdly, statutes of limitations and application periods should be checked. The course of action may differ depending on whether it's a private hospital, doctor, state hospital, university hospital, or foundation university hospital. Options such as criminal investigation, administrative appeal, consumer court, civil court of first instance, or administrative court should be evaluated according to the specific circumstances of the case.

Fourthly, the extent of the damage must be determined. This includes not only current treatment costs but also future surgeries, permanent disability, loss of earning capacity, psychological harm, and economic losses.

Criminal Investigation and Professional Responsibility Board

Malpractice cases are not limited to compensation law. In some cases, crimes such as negligent injury or negligent death may also arise. In such situations, it is possible to file a criminal complaint with the prosecutor's office.

However, there are special procedures for investigations concerning healthcare professionals. According to Article 18 of the Additional Article added to the Basic Law on Health Services No. 3359, in investigations into medical procedures and practices within the scope of their profession by physicians, dentists, and other healthcare professionals working in public or private health institutions and foundation universities, permission for investigation is granted by the Professional Responsibility Board in certain cases. The legal basis for this board is clearly stated in Ministry of Health sources.

This regulation does not prevent the filing of a compensation lawsuit; however, procedural matters are important in terms of criminal investigation. Furthermore, reports, statements, and evidence obtained in the criminal case file can also affect the civil lawsuit. Therefore, in malpractice cases, criminal and compensation processes should be considered together.

Statute of Limitations in Malpractice Cases

The statute of limitations in malpractice cases can vary depending on the nature of the event. Legal classifications such as private hospital, doctor, state hospital, cosmetic surgery, tort, breach of contract, contract for work, or agency contract can affect the statute of limitations.

In claims based on torts, specific time limits generally apply from the date the damage and the liable party are identified. If the act also constitutes a crime, criminal statute of limitations periods may apply. In claims based on contracts, different time limits may apply depending on the type of contract. In cases of medical malpractice in state hospitals, the time limits for filing administrative appeals and full judicial review lawsuits should also be considered.

Therefore, in a case involving a malpractice claim, one should not wait with the thought that "there is still time." The date the damage was learned, the date of the definitive diagnosis, the date of the second surgery, the date of the report, the date of death, or the date the disability was determined can all be important factors in the statute of limitations discussion.

The Importance of Legal Support in Malpractice Cases

Malpractice lawsuits are technical and comprehensive cases requiring both medical and legal knowledge. Simply writing the lawsuit petition is not enough. It requires accurate interpretation of medical records, identification of missing records, preparation of effective objections to expert reports, filing the lawsuit in the correct court, identifying the correct defendants, and requesting all damages completely and accurately.

For example, in a surgical malpractice case, suing only the surgeon may not be sufficient. The hospital, resident physician, anesthesia team, laboratory, imaging center, insurance company, or administration may also be part of the chain of responsibility. Similarly, claiming only moral damages may leave potential significant financial losses outside the scope of the lawsuit.

One of the most common mistakes in malpractice cases is corresponding with the hospital or doctor before gathering evidence. If a warning is to be sent to a healthcare institution, its content must be carefully prepared. Incorrect statements can be used against the patient in future legal proceedings. Therefore, patient rights, compensation claims, and the legal process should be handled professionally.

Conclusion: Can a Compensation Lawsuit Be Filed Due to Medical Malpractice?

In order for a compensation claim to be filed due to medical malpractice, there must first and foremost be legally assessable harm. This harm must be linked to the medical intervention, the doctor's or healthcare institution's negligent conduct must be demonstrated, and it must be supported by evidence.

Malpractice lawsuits can be filed for many reasons, including misdiagnosis, faulty treatment, surgical errors, lack of informed consent, improper medication use, birth defects, failed cosmetic surgery, dental malpractice, or hospital organizational deficiencies. However, in each specific case, a meticulous distinction must be made between complications and malpractice.

The most appropriate course of action for a patient is to first gather all medical records, evaluate the incident from both medical and legal perspectives, determine the extent of the damage, and then pursue the appropriate legal avenues. The approach may differ for private hospitals, public hospitals, and cosmetic surgery cases. Therefore, seeking early legal support in cases of suspected malpractice is crucial to avoiding loss of rights.