Medical Malpractice in Turkey: Foreign Patient Claims, Compensation, Deadlines

What is medical malpractice and how is it different from a complication?

Medical malpractice is harm to a patient caused by a doctor or a health institution failing to show the care that medicine requires. Under the settled practice of the Court of Cassation (Yargıtay), the relationship between a patient and a private hospital or private practice is a contract of mandate (vekâlet sözleşmesi) under the Turkish Code of Obligations No. 6098. The doctor's care is measured against the conduct expected from a prudent agent working in a similar field (Turkish Code of Obligations (6098 sayılı Türk Borçlar Kanunu), Art. 506/3).

According to the Court of Cassation, the doctor, as an agent, is liable even for the slightest fault. Identifying the patient's condition in time, not delaying treatment and choosing the safest option among the alternatives are part of this duty of care.

A complication, on the other hand, is a foreseeable result that can occur even in an intervention carried out according to the rules, but that cannot always be prevented. A complication alone is not malpractice. However, if the patient was not informed of this risk in advance, or if the complication was not noticed and managed in time, the doctor may be liable. Situations that people call "doctor error" or "medical error" fall within this scope.

Does the doctor guarantee the result of cosmetic surgery in Turkey?

The 6th Civil Chamber of the Court of Cassation (Yargıtay 6. Hukuk Dairesi) treats cosmetic surgery done only for a better appearance not as a contract of mandate but as a contract for work (eser sözleşmesi). Under this view, the doctor undertakes to produce the agreed appearance. In a 2025 decision, the Chamber examined an arm lift and liposuction operation. The operation had produced a better appearance; however, because the promised result was not achieved, the dismissal of the case was reversed.

In distinguishing between a contract of mandate and a contract for work, the purpose of the procedure is decisive. For an intervention to treat an illness, the rules on mandate apply; for a procedure done only for appearance, the rules on contracts for work apply. Whether procedures such as hair transplants, cosmetic dentistry or nose surgery fall into one group or the other is assessed according to the purpose of the specific procedure. Treating it as a contract for work also changes the time limit, as the section on the statute of limitations shows.

How do you bring a medical malpractice claim in Turkey?

In Turkey, compensation for medical malpractice is claimed through two different court systems, depending on whether the hospital is private or public. Ordinary (civil) courts have jurisdiction for private hospitals, private clinics and private practices; administrative courts have jurisdiction for state hospitals and public university hospitals. A criminal complaint and an application to the Ministry of Health can also be used alongside these routes.

Legal routes in medical malpractice (Laws No. 6502, 2577, 6102 and 5237; checked in November 2026)

A criminal complaint and an administrative complaint do not bring the patient compensation.

Do you sue the doctor or the hospital for malpractice in Turkey?

At a private hospital, a malpractice case can be filed against the doctor and the hospital together. The hospital is both a party to the contract and the institution that employs the doctor. The Court of Cassation also states that the doctor's duty of care applies to the health institution where the doctor works.

Doctors working in the private sector must have compulsory professional liability insurance (Law on the Practice of Medicine and Related Arts (1219 sayılı Tababet ve Şuabatı San'atlarının Tarzı İcrasına Dair Kanun)). The injured person can claim the part of the loss up to the insured amount directly from the insurer (Turkish Commercial Code (6102 sayılı Türk Ticaret Kanunu), Art. 1478/1). A case against the insurer may count as a commercial case; in that situation, mediation is again a precondition for the case.

The liability of a health tourism intermediary company (agency) depends on what it undertook in the contract. An agency that only arranges transport and accommodation is not in the same position as an agency that sells the treatment as its own service. For this reason, whether the agency should be a defendant cannot be said for certain without examining the contract and the correspondence.

Which facts decide a medical malpractice case?

The statement "my operation went badly" does not by itself show which route and which time limit apply. The route and the time limit are decided by looking at the following facts together:

• whether the treatment was done at a private or a public institution,
• whether the procedure was treatment or only cosmetic,
• the date of treatment and the date the harm was noticed,
• whether the harm is permanent,
• the content and language of the informed consent form,
• the patient file, discharge summary and imaging results,
• where and at what cost the corrective treatment was done,
• whether the contract was made with the hospital, the doctor or an agency.

If the same nose operation was done at a private clinic, the case goes to the consumer court; if it was done at a public university hospital, it goes to the administrative court. In the first file, the 5-year statute of limitations applies as a rule; in the second, the 1-year application period applies. In both files, the date the harm was noticed decides how much time is left. For this reason, the time limit should be calculated before the route is chosen.

Malpractice claims against a private hospital in Turkey: mediation and the consumer court

A malpractice case against a private hospital or doctor is heard by the consumer court, and applying to a mediator before filing the case is mandatory. According to the 3rd Civil Chamber of the Court of Cassation (Yargıtay 3. Hukuk Dairesi), the patient is a consumer, and the hospital and the doctor are health service providers. Hearing the case as a civil court of first instance is a ground for reversal.

The mediation requirement was added to the Consumer Protection Law No. 6502 by an amendment published in the Official Gazette of 28 July 2020 (Consumer Protection Law (6502 sayılı Tüketicinin Korunması Hakkında Kanun), Art. 73/A). This requirement cannot be met later. In its decision of 25 April 2024 (E. 2023/3460, K. 2024/1396), the 3rd Civil Chamber of the Court of Cassation upheld the procedural dismissal of a compensation case arising from a caesarean section that had been filed without going to a mediator.

If no agreement is reached in mediation, or if the other side does not attend, the Ministry of Justice pays the mediation fee that the consumer would have to pay; this amount is limited to the fee for 2 hours. For disputes below a threshold that rises every year by the revaluation rate, the application is made to the consumer arbitration committee (tüketici hakem heyeti). This threshold was set at 30,000 TL in 2022; when treatment costs and non-pecuniary compensation are claimed together, the claim can easily exceed this threshold.

In which city does a patient living abroad file a malpractice case in Turkey?

A consumer case can also be filed at the consumer court of the consumer's place of residence. However, for a patient whose place of residence is abroad, this option does not correspond to any court in Turkey. The jurisdiction of Turkish courts is set by the domestic rules on venue.

Under these rules, the case can be filed where the defendant resides, where the contract was performed or where the tort was committed. If the treatment took place at a hospital, the city where the hospital is located is both the place of performance of the contract and the place where the act was committed. In health tourism, this is the city where the treatment was done, such as Istanbul, Antalya or Izmir.

If the doctor and the hospital are in different cities, which court will hear the case against both is assessed separately. Because a case filed at a court without jurisdiction can cause a loss of time, the city should be settled before the application to mediation.

Malpractice at a state hospital in Turkey: application to the authority and full remedy action

For harm caused by treatment at a state hospital, a training and research hospital or a public university hospital, the case is filed not against the doctor but against the public authority that runs the hospital. The Constitution provides that compensation cases arising from faults committed by public officials while using their powers can only be filed against the administration, with the right of recourse against them.

A written application to the administration before filing the case is mandatory. The application is made within 1 year from the date the act became known, and in any case within 5 years from the date of the act (Administrative Procedure Law (2577 sayılı İdari Yargılama Usulü Kanunu), Art. 13/1). If the administration rejects the request or does not reply within 30 days, a full remedy action is filed at the administrative court within the general 60-day time limit for lawsuits.

Treatment at a private hospital, however, is a matter for the ordinary courts. In its decision of 7 October 2024 (E. 2024/45, K. 2024/385), the Court of Jurisdictional Disputes (Uyuşmazlık Mahkemesi) described the relationship between a patient and a private hospital or its doctors as a private law contract. For this reason, the ordinary courts have jurisdiction over the compensation case.

In a 2024 decision, the 10th Chamber of the Council of State (Danıştay 10. Dairesi) also examined a pecuniary and non-pecuniary compensation case concerning a medical intervention at a state hospital on the basis of a claim of fault in the public service. After paying compensation, the administration can seek recourse from a doctor who is personally at fault.

What is the statute of limitations for medical malpractice in Turkey?

In a malpractice case against a private hospital or doctor, the statute of limitations is, as a rule, 5 years because of the contract of mandate. The 3rd Civil Chamber of the Court of Cassation applies the 5-year period, stating that "there is no doubt" (translated from the official Turkish text) that this relationship is a contract of mandate.

If the same event is also a tort, the Law's time limit for torts also becomes relevant. Under the Law, a compensation claim becomes time-barred "two years from the date on which the injured party learned of the damage and of the person liable for compensation, and in any case ten years from the date on which the act was committed" (translated from the official Turkish text) (Law No. 6098, Art. 72).

Statute of limitations and application periods in medical malpractice (Laws No. 6098, 2577 and 5237; checked in November 2026)

For torts, the time limit is not at most 5 years; it is in any case 10 years.

The Court of Cassation stresses that in cases about disability after surgery, the date on which the harm became known matters. In a cosmetic procedure, however, a case brought because of a defective result may be subject to the short 2-year period starting from delivery. Taking the shortest period as the basis prevents loss of rights.

Does the time limit get longer if the doctor's error is a crime? What did the Court of Cassation say in 2024?

How do you prove medical malpractice in Turkey: consent form, court expert and forensic medicine

A malpractice case is proved mainly through medical records and court-appointed expert reports. The court assesses whether the doctor acted according to medical rules on the basis of a report from the Council of Forensic Medicine (Adli Tıp Kurumu) or from an expert panel made up of university faculty members. The Court of Cassation reverses decisions based on reports that do not contain a sufficient explanation.

What happens if the informed consent form was in a language the patient did not understand?

Informed consent (aydınlatılmış onam) is the consent a patient gives after being informed in advance of the purpose, risks, complications and alternatives of the intervention. According to the Court of Cassation, agreeing to the operation alone is not enough; the complications must also be explained. The burden of proving that the patient was informed is on the doctor or the hospital.

The medical ethics rule that the Court of Cassation quotes in its decisions is also clear. Under this rule, the information must suit the patient's cultural and social situation: "Information must be given in a way that the patient can understand." (translated from the official Turkish text)

For this reason, the fact that a form prepared in a language the patient did not understand, and not translated, was signed may not by itself show that the patient was informed. The language in which the form was given, whether an interpreter was present and whether the risks were explained orally all matter in the file. A form filled in with general wording that does not list the risks specific to the procedure can be the subject of the same dispute.

Is a doctor's report from my own country valid evidence in Turkey?

Yes. A doctor's report obtained abroad and the records of a corrective operation can be submitted as evidence at a Turkish court. However, the court assesses these documents together with the expert report it obtains itself; a foreign report alone does not prove fault.

As a rule, foreign official documents are submitted with an apostille or consular legalisation and a Turkish translation. If necessary, the court may also ask for the patient to be examined at a hospital in Turkey.

The value of a report from abroad depends on when it was issued after the first treatment in Turkey and on which findings it is based. A report obtained shortly after the operation and supported by photographs and imaging results is stronger evidence for showing the source of the harm and the date it became known. The medical field of the doctor who issued the report is also taken into account in this assessment.

What compensation can you claim for medical malpractice in Turkey?

In a malpractice case, both pecuniary and non-pecuniary compensation can be claimed. The Law lists bodily harm as treatment costs, loss of earnings, loss of working capacity and damage to economic future (Law No. 6098, Art. 54). For a foreign patient, these items may include:

• the costs of corrective surgery and later treatment,
• travel and accommodation costs for the treatment,
• loss of earnings during the period of inability to work,
• permanent loss of working capacity,
• the cost of a carer if the patient needs care,
• in a cosmetic procedure, claims linked to the result not being achieved.

The cost of a corrective operation that has not yet been done can also be claimed. In a 2025 decision, the 9th Civil Chamber of the Istanbul Regional Court of Appeal (İstanbul Bölge Adliye Mahkemesi 9. Hukuk Dairesi) stated that the claim for treatment costs also covers payments for future cosmetic surgery. The court required this cost to be set by examining the patient and according to the open market rate. If the corrective treatment was done abroad, the measure for calculating the cost is assessed according to the specific file.

Non-pecuniary compensation is an appropriate amount of money, set at the judge's discretion, for a patient whose bodily integrity has been harmed. In cases of serious bodily harm, the patient's relatives can also claim non-pecuniary compensation.

Filing a malpractice case in Turkey from abroad: power of attorney, security for costs and court fees

A foreign patient living abroad can file a malpractice case without coming to Turkey, through a power of attorney (vekâletname) given to a lawyer. The power of attorney can be made at a Turkish consulate or before a foreign notary. A power of attorney made before a foreign notary is, as a rule, used with an apostille or consular legalisation and a Turkish translation.

A foreign claimant may be asked to provide security (teminat). Under the Law, foreign natural persons who file a case at a Turkish court "must provide the security determined by the court to cover the costs of proceedings and enforcement and the damages and losses of the other party" (translated from the official Turkish text) (Law on International Private and Procedural Law (5718 sayılı Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun), Art. 48/1).

If there is reciprocity between the claimant's country and Turkey, the court exempts the claimant from security. According to the Court of Cassation, reciprocity can come from bilateral agreements, from multilateral conventions such as the 1954 Hague Convention on Civil Procedure, or from actual practice. The court examines the question of security on its own initiative.

A case filed by a consumer at the consumer court is exempt from official fees (harç). However, the fee exemption is a rule separate from security; whether a foreign patient is asked for security in a consumer case can vary depending on the court and the patient's country.

A tort arising from treatment in Turkey is, as a rule, subject to Turkish law, because the Law links a tort to the law of the country where it was committed.

Criminal complaint and application to the Ministry of Health for malpractice in Turkey

Malpractice can amount to the crime of negligent injury, and an investigation of this crime as a rule depends on the patient's complaint. The Law says: "The investigation and prosecution of the crime of negligent injury depend on a complaint. However, except for injuries falling under the first paragraph, no complaint is required if the crime is committed with conscious negligence." (translated from the official Turkish text) (Turkish Penal Code (5237 sayılı Türk Ceza Kanunu), Art. 89/5)

The complaint is made to the Chief Public Prosecutor's Office (Cumhuriyet başsavcılığı) within 6 months from learning of the act and of who the perpetrator is. Criminal prosecution of a doctor working at a public hospital, apart from exceptions set by law, requires permission from the administrative authority.

The Ministry of Health's SABİM line (184) and the patient rights units of hospitals are channels for administrative complaints. These applications can start an administrative review of the doctor or the hospital. However, an administrative complaint does not replace a compensation case, and you should not assume that it stops the statute of limitations.

Criminal and administrative complaints can run at the same time as the compensation case. An expert report obtained in the criminal file can be used as evidence in the compensation case. However, under the Law, the civil judge is not bound by the criminal judge's acquittal decision or assessment of fault.

Which documents matter in a medical malpractice case in Turkey?

In a malpractice case, what decides the case is not the number of documents but the document that shows the fault, the harm and the dates. In a claim of permanent harm, medical records come first; in a dispute over the time limit, correspondence showing dates comes first.

• About the treatment: patient file, discharge summary, operation note, consent forms, prescriptions, imaging results.
• About the contract and payment: treatment package offer, contract, invoices, bank or card receipts, correspondence with the agency.
• About the harm: later doctor's reports, records and invoices of corrective treatment, photographs, documents of inability to work.
• About dates: correspondence with the clinic, complaint records, travel and accommodation documents.

Not every file needs all of these documents. In a file where the harm appeared months after the operation, a doctor's report showing the date the harm was first noticed can be decisive for calculating the time limit. In a cosmetic procedure, photographs before and after the procedure and correspondence with the clinic also matter, because they show the promised result.

Conclusion: the type of hospital sets the route, and the time limit protects the right

The route for a malpractice case in Turkey depends on the type of institution where the treatment was done. For a private hospital and doctor, mediation and the consumer court apply; for a public hospital, an application to the administration and the administrative court apply. A case filed on the wrong route means a serious loss of time for the patient.

The time limits decide the right itself. The 5 years for mandate, the 2 and 10 years for tort, and the 1-year application period for a public hospital start from different dates. In cosmetic procedures, the short 2-year period may also apply. If the doctor's act is a crime, the longer criminal limitation period may apply; however, this possibility is not a reason to let the short period pass.

For a foreign patient, the power of attorney, security, translation of documents and treatment records from abroad are added to these rules. For this reason, treatment records and dates should be examined together before a route is chosen.