Faaliyet Alanları
Health Law
Legal support on medical malpractice claims, patient rights, licensing and compliance of healthcare providers, health data and medical tourism in Türkiye.
Health law in Türkiye governs the relationship between patients, physicians and healthcare institutions, the rules on providing healthcare services and the administrative regulation of the health sector. Its main sources include Basic Law on Health Services No. 3359 and Law No. 1219 on the Practice of Medicine and Medical Sciences.
Health law concerns both patients and healthcare providers. On one side are the rights of patients harmed during treatment; on the other, the extensive rules physicians and healthcare institutions must follow. For both, a document-based assessment of what happened is essential.
Medical malpractice
Medical malpractice occurs when a patient is harmed because care did not meet the diligence and standards required by medical science. An unfavourable outcome is not in itself malpractice; whether an error occurred is usually established through expert examination.
Which court?
Compensation claims arising from treatment in private healthcare institutions are brought before the civil courts, while claims arising from treatment in public hospitals are brought against the administration as full remedy actions before the administrative courts. Identifying the correct jurisdiction and defendant directly affects the outcome.
Patient rights and informed consent
Patients have the right to information about their health, to refuse treatment and to privacy. Obtaining the patient's informed consent before a medical intervention is both a patient right and a key element in assessing the physician's liability.
Compliance for healthcare providers
Opening, licensing and operating private hospitals, medical centres and practices are subject to detailed administrative regulation. Administrative sanctions imposed after inspections can be challenged before the administrative courts. Healthcare professionals may also need legal support in disciplinary and criminal investigations.
Health data
Personal Data Protection Law No. 6698 treats health data as a special category of personal data and subjects its processing to strict conditions. Healthcare providers must align their data processing with this law.
Medical tourism
Institutions treating patients who travel to Türkiye for care are subject to authorisation and information obligations under the regulation on international health tourism. In disputes involving foreign patients, the applicability of Turkish law and the jurisdiction of Turkish courts are assessed separately.
Preparing for a consultation
For malpractice claims, prepare the discharge summary, test and imaging results, surgery and consent forms, prescriptions, invoices and any correspondence about the treatment. A copy of the patient file can be requested from the healthcare institution. For healthcare providers, licences, inspection reports and sanction decisions form the basis of the assessment.
Hizmet kapsamı
- Medical malpractice compensation claims
- Full remedy actions against public hospitals
- Patient rights complaints
- Drafting informed consent forms
- Licensing and compliance for healthcare providers
- Health data compliance under the KVKK
- Support in investigations of healthcare professionals
- Advice to medical tourism providers
Sık sorulan sorular
- Is every unsuccessful treatment medical malpractice?
- No. A treatment that does not achieve the expected result is not in itself malpractice. Malpractice means failing to meet the diligence and standards required by medical science, and it is usually established through expert examination.
- Who is sued for an error at a public hospital in Türkiye?
- For harm caused by staff at public hospitals, a full remedy action is generally brought against the administration before the administrative courts. Claims against private healthcare institutions are brought before the civil courts.
- Why does informed consent matter?
- Being informed about the risks, alternatives and possible outcomes of treatment and giving consent is a patient right. Failure to obtain proper consent may give rise to liability even if the intervention was medically correct.
- What rules apply to health data in Türkiye?
- Under Personal Data Protection Law No. 6698, health data is a special category of personal data. Its processing is limited to the conditions set out in the law and requires additional security measures.
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