Turkey is a leading global hub for medical tourism, attracting millions of foreigners for surgeries, dental treatments, and aesthetics. If a medical procedure goes wrong due to negligence, foreign patients have clear legal rights under Turkish Healthcare Law.
1. Defining Medical Malpractice
Medical malpractice occurs when a doctor or hospital fails to meet the standard of care, leading to injury or complications. This must be distinguished from a "medical complication" (an unavoidable risk that the patient was informed about and consented to).
2. Legal Remedies for Foreign Patients
- Material Damages (Maddi Tazminat): Claiming compensation for medical costs, corrective surgeries, travel expenses, and loss of income.
- Moral Damages (Manevi Tazminat): Claiming compensation for physical pain, mental suffering, and emotional trauma caused by the medical error.
- Criminal Complaints: If the negligence caused bodily harm or death, a criminal complaint can be filed against the medical staff under the Turkish Penal Code.
Patients must preserve all medical records, consent forms, and receipts. The statute of limitations for malpractice lawsuits is generally 2 to 5 years.