Anasayfa / Makalelerimiz / Comprehensive Legal Services for Medical Malpractice Cases in Turkey
The Concept of Medical Malpractice and Its Legal Foundations
Definition of Medical Malpractice
Medical malpractice, also known as medical negligence, refers to a situation where a patient is harmed due to a physician’s lack of knowledge, experience, or attention. According to the Turkish Medical Association's Code of Medical Ethics, malpractice occurs when a patient suffers harm due to a physician’s ignorance, inexperience, or error. This concept is safeguarded in our legal system to protect the patient’s right to life.
Legal Foundations
In cases of malpractice, the physician’s legal responsibility is evaluated within the principles set out in the Turkish Penal Code. If a medical intervention is performed correctly and completely, the physician is not held responsible for complications. However, if the patient is harmed due to medical errors, the physician will be held accountable for violating the duty of care and diligence.
Physician's Authority and Responsibility in Medical Intervention
Individuals Authorized to Perform Medical Interventions
The individuals authorized to perform medical interventions are defined by law. According to the Law No. 1219 on the Mode of Execution of the Art of Medicine and Its Branches, these individuals include physicians, dentists, midwives, health officers, circumcisers, and nurses. The qualifications, duties, and conditions for holding these titles are regulated by law.
Physician’s Responsibility
Physicians are obliged to act carefully and diligently during medical interventions. If a physician is at fault for a medical intervention that results in harm to the patient, they will bear legal and criminal liability. Physicians may face compensation claims for both material and immaterial damages, and in cases where the act constitutes a crime under the Turkish Penal Code, they may also face criminal charges.
Execution of Authority and Legal Foundations
For medical interventions to be legally valid, the physician must exercise their authority and obtain the patient’s consent. Physicians must act in accordance with the rules of the medical art and obtain the patient’s consent for medical interventions. If a physician fails to adhere to the duty of care and diligence, they will face legal liability.
The Nature of the Legal Relationship Between Patient and Physician
General Overview
The relationship between a patient and a physician is generally characterized as an "agency contract." According to Article 502 of the Turkish Code of Obligations, an agency contract is one in which the agent undertakes to perform a task or transaction on behalf of the principal. This agency relationship between the patient and the physician requires the physician to provide services carefully and attentively.
Relationship Between Independent Physician and Patient
When a patient directly seeks health services from a physician, the relationship is based on an agency contract. In this scenario, the physician must act carefully towards the patient and be diligent throughout the treatment process. The physician is liable not for the failure to achieve the intended result but for the lack of diligence in striving for that result.
Relationship Between Private Hospital and Patient
In private hospitals, the contract between the patient and the hospital is referred to as a patient admission contract. In this case, the hospital is responsible for the physician’s malpractice. The relationship between the hospital and the patient resembles a service contract, and the hospital is liable to the patient throughout the treatment process.
Relationship Between Public Hospital and Patient
In public hospitals, there is no direct contractual relationship between the patient and the hospital. The healthcare services provided in public hospitals are considered public services, and the patient is a beneficiary of these services. In case of harm occurring in public hospitals, the patient must file a lawsuit against the relevant public institution rather than the physician directly.
Medical Malpractice and Medical Standards
Concept of Malpractice
Malpractice refers to harm resulting from a physician’s failure to perform standard procedures, lack of skill, or failure to provide treatment during the treatment process. According to the World Medical Association’s declaration adopted in 1992, malpractice is defined as harm caused by a physician’s failure to perform standard procedures, lack of knowledge and skill, or failure to provide treatment during the treatment process.
Medical Standards
Medical standards are the rules that physicians must follow, as determined by developments and practices in medical science. According to the Medical Deontology Regulation, a physician must diagnose according to medical requirements and apply treatment in accordance with medical rules. Physicians are obligated to act in compliance with medical standards, and if they provide services below these standards, they will be held accountable.
Distinction Between Complication and Malpractice
Complications can occur during medical interventions, which are unforeseen and arise independently of the physician’s error. A physician is not held responsible for complications as long as they act in accordance with medical standards. However, in cases of malpractice, the patient is harmed due to the physician’s faulty behavior, and the physician is held accountable.
Types and Examples of Medical Malpractice
Types of Malpractice
Diagnostic Errors: These occur when a physician fails to correctly diagnose a disease or makes an incorrect diagnosis, leading to the progression of the disease and lack of proper treatment. For example, if a physician fails to diagnose cancer correctly, the patient may lose the chance for timely treatment.
Treatment Errors: These include situations where the correct diagnosis has been made, but the wrong treatment is applied. Examples include prescribing the wrong medication or performing a surgical procedure incorrectly.
Surgical Errors: These involve mistakes made during surgery, such as removing the wrong organ, failing to adhere to hygiene rules during surgery, or leaving surgical instruments inside the patient’s body.
Medication Errors: These occur when the wrong medication is administered or the correct medication is given in the wrong dose, leading to severe side effects for the patient.
Examples
Diagnostic Error: In one case decided by the Supreme Health Council, a patient involved in a traffic accident was wrongly diagnosed and sent home from the emergency room, resulting in the patient’s death. The physician was found at fault for not carefully examining the patient and properly evaluating the thoracic trauma.
Treatment Error: A physician who fails to conduct necessary tests and administers incorrect treatment for a patient with headaches and vomiting, leading to the patient's condition worsening.
Surgical Error: A surgeon operating with non-sterile instruments, resulting in the patient contracting an infection. In such cases, the surgeon is held responsible not for complications but for the erroneous application.
Legal and Criminal Liability
Physicians may face legal and criminal liability for medical errors resulting in harm to the patient. In cases where the physician’s actions result in patient harm, they may be liable for compensation. Additionally, under criminal law, they may face charges for negligence, recklessness, or carelessness.
Physician’s Criminal Liability in Malpractice Cases
Elements of Criminal Liability
A physician’s criminal liability is evaluated according to the principles specified in the Turkish Penal Code. The essential elements of criminal liability include:
Intent and Negligence: Intent refers to the physician consciously performing an illegal act, such as knowingly operating with non-sterile instruments. Negligence involves the physician’s failure to fulfill the duty of care, resulting in patient harm, such as leaving surgical instruments inside the patient’s body.
Neglect and Intent: Neglect occurs when a physician fails to perform or inadequately performs their duty. For example, a physician sending a patient home without necessary tests, resulting in patient harm, constitutes neglect. Intent involves the physician deliberately and knowingly engaging in faulty medical practices.
Situations Leading to Criminal Liability
Errors Resulting in Death: If a physician’s faulty medical practice results in the patient’s death, the physician may be prosecuted for causing death by negligence. According to Article 85 of the Turkish Penal Code, a person who causes death by negligence can be sentenced to two to six years in prison.
Injuries and Health Problems: In cases where a patient suffers injuries or health problems due to faulty medical practices, the physician may be held responsible for causing bodily harm by negligence. According to Article 89 of the Turkish Penal Code, a person who negligently causes harm to another’s body can be sentenced to three months to one year in prison.
Legal Process
When a patient suffers harm due to malpractice, legal proceedings can be initiated. The patient or their relatives may claim material and immaterial compensation due to the physician’s faulty medical practice. Additionally, a criminal complaint can be filed with the prosecutor’s office for the physician’s criminal liability. Courts make decisions based on expert reports and specialist opinions during this process.
Example Case
In one case decided by the Supreme Health Council, a patient involved in a traffic accident was wrongly diagnosed and sent home, resulting in the patient’s death. The physician was found at fault for not carefully examining the patient and was punished for negligence and carelessness.
Medical Malpractice and Compensation Lawsuits
Types of Compensation Lawsuits
Compensation lawsuits due to malpractice can be categorized into two main types:
Material Compensation Lawsuits: These lawsuits seek compensation for the patient’s material losses due to faulty medical practices. These losses include hospital expenses, treatment costs, loss of labor, and other material damages. For example, a patient unable to work for an extended period due to a faulty surgery may claim compensation for lost income.
Moral Compensation Lawsuits: These lawsuits seek compensation for the moral damages suffered by the patient or their relatives due to faulty medical practices. These damages include physical pain, psychological distress, and reduced quality of life. For instance, the relatives of a patient who dies due to a misdiagnosis may claim moral compensation.
Legal Grounds for Compensation Lawsuits
The legal grounds for compensation lawsuits are specified in the Turkish Code of Obligations and other relevant legislation. The following factors are considered in lawsuits for damages arising from faulty medical practices:
Physician’s Fault: In compensation lawsuits, the physician’s fault is a determining factor. A physician is considered at fault if they engage in faulty medical practices due to a lack of knowledge and skill or violation of the duty of care and diligence.
Damage and Causality: There must be a direct causal link between the physician’s faulty action and the patient’s damage. The patient’s harm must result directly from the physician’s erroneous conduct.
Legal Process
The legal process for compensation lawsuits includes the following stages:
Filing a Lawsuit: The patient or their relatives can file a lawsuit claiming material and moral compensation due to the physician’s faulty medical practice. The lawsuit petition should detail the physician’s faulty practice, the patient’s damages, and the compensation claims.
Evidence and Expert Reports: The court evaluates the lawsuit based on evidence and expert reports. Expert reports determine whether the physician engaged in faulty medical practices and assess the patient’s damages. These reports guide the court’s decision.
Judgment and Compensation: The court issues a judgment based on the evidence and expert reports. If the physician is found at fault, the court orders the payment of material and moral compensation to the patient or their relatives. The amount of compensation is determined based on the severity of the patient’s damages and the lawsuit’s circumstances.
Example Case
In a court decision, a physician was found at fault for the patient’s death due to faulty medical practices, and the court ordered the payment of moral compensation to the patient’s relatives. The court determined that the physician violated the duty of care and diligence, resulting in the patient’s harm.
This article has examined the compensation lawsuits and legal processes that can be initiated due to medical malpractice. We explored the types of compensation that can be claimed in malpractice cases and how these lawsuits are conducted.
Understanding Medical Malpractice and Physician Liability: Your Guide to Legal Support
Navigating the complexities of medical malpractice and physician liability can be overwhelming. At Kalem Law Office, we are dedicated to providing comprehensive legal support for individuals affected by medical errors. Our experienced attorneys specialize in various aspects of health law, ensuring that your rights are protected and you receive the compensation you deserve.
Criminal Responsibility of the Physician
When a physician's actions result in harm, they may face criminal charges. Understanding the nuances of criminal responsibility in the medical field is crucial. Our team is adept at handling these sensitive cases, ensuring that justice is served.
Medical Malpractice Lawsuits
Medical malpractice lawsuits arise when a healthcare provider's negligence causes patient harm. Our attorneys are skilled in building strong cases to hold negligent doctors accountable and secure fair compensation for our clients.
Penalties for Doctor Errors
Doctor errors can lead to severe consequences, including criminal penalties. We provide robust defense strategies for physicians facing such charges, ensuring their rights are protected throughout the legal process.
Legal Processes for Medical Errors
Navigating the legal processes for medical errors requires expertise and precision. Our attorneys guide you through every step, from filing complaints to representing you in court.
Negligence Lawsuits Against Doctors
When a doctor's negligence leads to injury, it is essential to take legal action. Our firm specializes in negligence lawsuits, helping victims obtain the justice and compensation they deserve.
Compensation for Physician Errors
Victims of physician errors are entitled to compensation for their suffering. We work diligently to ensure that our clients receive the maximum compensation possible, covering medical expenses, lost wages, and more.
Criminal Defense for Physicians
Physicians facing criminal charges for medical errors need strong legal representation. Our experienced criminal defense attorneys provide comprehensive support, safeguarding the rights and reputations of our clients.
Filing Complaints About Medical Errors
Filing a complaint about a medical error is the first step in seeking justice. Our team assists clients in preparing and submitting detailed complaints to ensure that their concerns are heard and addressed.
Lawsuits for Doctor Liability
Holding doctors accountable for their actions is vital for maintaining trust in the healthcare system. We specialize in lawsuits for doctor liability, advocating for victims and ensuring that negligent practitioners are held responsible.
Legal Proceedings for Medical Negligence
The legal proceedings for medical negligence can be complex and daunting. Our attorneys have extensive experience in managing these cases, providing expert guidance and representation from start to finish.
Defense for Physician Errors
Physicians accused of errors need a robust defense. Our legal team offers comprehensive defense strategies to protect their professional integrity and livelihoods.
Legal Support for Doctor Liability
Doctors facing liability issues require specialized legal support. We offer tailored services to address the unique challenges of each case, ensuring the best possible outcomes for our clients.
Attorney for Medical Errors
Choosing the right attorney for medical errors is crucial. At Kalem Law Office, we have a proven track record of success in handling these complex cases, providing our clients with the expertise and support they need.
Compensation for Doctor Errors
Securing compensation for doctor errors is a critical part of the recovery process for victims. Our attorneys are dedicated to fighting for the rights of our clients, ensuring they receive the full compensation they are entitled to.
For expert legal support in medical malpractice and physician liability cases, contact Kalem Law Office today. Our team is here to help you navigate the legal landscape and achieve the justice you deserve.
Comprehensive Legal Services for Medical Malpractice Cases in Turkey
When it comes to dealing with the complexities of medical malpractice cases, finding a reliable and experienced legal professional is crucial. Our law firm offers specialized services in medical malpractice across several major cities in Turkey, including Antalya, Istanbul, Izmir, Fethiye, and Bodrum. We are dedicated to ensuring that victims of medical negligence receive the justice and compensation they deserve.
Medical Malpractice Lawyer Antalya
Antalya, with its thriving healthcare sector, unfortunately, sees its share of medical malpractice cases. If you or a loved one has been a victim of medical negligence in Antalya, our experienced medical malpractice lawyers in Antalya are here to help. We offer comprehensive legal support, from gathering evidence to representing you in court, ensuring that your rights are protected throughout the process.
Medical Malpractice Lawyer Istanbul
Istanbul, being one of the largest cities in Turkey, has numerous healthcare facilities where medical malpractice incidents can occur. Our team of expert medical malpractice lawyers in Istanbul is well-versed in handling these complex cases. We provide detailed legal consultations and robust representation to ensure that those affected by medical negligence receive appropriate compensation for their suffering.
Medical Malpractice Lawyer Izmir
In Izmir, our legal services extend to assisting victims of medical malpractice with the utmost professionalism and dedication. Our medical malpractice lawyers in Izmir are committed to fighting for justice on behalf of our clients, ensuring that they are compensated for any harm caused by medical negligence. We understand the intricacies of medical malpractice laws and use this knowledge to our clients' advantage.
Medical Malpractice Lawyer Fethiye
Fethiye, a picturesque town known for its healthcare facilities, is also covered by our expert legal services. Our medical malpractice lawyers in Fethiye have a proven track record of handling cases efficiently and effectively. Whether it’s a diagnostic error, surgical mistake, or any form of medical negligence, we are here to offer you the best legal support and representation.
Medical Malpractice Lawyer Bodrum
Bodrum, with its numerous hospitals and clinics, is not immune to medical malpractice incidents. Our experienced medical malpractice lawyers in Bodrum are dedicated to ensuring that victims of medical negligence receive the justice they deserve. We provide personalized legal services tailored to meet the unique needs of each case, from initial consultation to courtroom representation.
Why Choose Us?
Expertise in Medical Malpractice Law: Our team consists of highly skilled lawyers who specialize in medical malpractice law, ensuring that you receive the best possible legal advice and representation.
Comprehensive Legal Services: We handle every aspect of your case, from gathering evidence and consulting medical experts to representing you in court.
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Proven Track Record: Our successful history of handling medical malpractice cases speaks for itself, with numerous satisfied clients who have received the compensation they deserve.
If you or a loved one has been a victim of medical malpractice in Antalya, Istanbul, Izmir, Fethiye, or Bodrum, don’t hesitate to contact our law firm. Our dedicated medical malpractice lawyers are here to provide the expert legal support you need to pursue justice and obtain compensation for your suffering.
For more information or to schedule a consultation, please visit our website or contact our offices in Antalya, Istanbul, Izmir, Fethiye, and Bodrum. Let our experienced medical malpractice lawyers help you secure the justice you deserve.
